California Court of Appeal

Troyk v. Farmers Group, Inc., D049983

In a class action suit against defendant-Farmers Group alleging breach of contract and violation of Business and Professions Code section 17200, grant of plaintiff's request for class certification and summary judgment for plaintiff are reversed and remanded where: 1) the term "premium," as used in section 381(f), includes a service charge imposed for the payment in full of the stated premium for an insurance policy's one-month term; 2) defendant violated that statute's disclosure requirement; and 3) however, because in moving for summary judgment plaintiff did not show there was no triable issue on the element of causation regarding his standing to prosecute the Unfair Competition Law (UCL) cause of action, the trial court erred by granting plaintiff's motion for summary judgment.

Appellate Information

• Decided 12/09/2008
• Published 12/09/2008

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Fulbright & Jaworski, Richard R. Mainland, Peter H. Mason and Eric A Herzog, Los Angeles, for Movants.


• For Appellees:
  
• Coughlin Stoia Geller Rudman & Robbins, Timothy G. Blood, Pamela M. Parker, Kevin K. Green and Leslie E. Hurst, San Diego, for Plaintiff and Respondent., Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr., Gail E. Lees, Christopher Chorba, James L. Zelenay, Jr., Kahn A. Scolnick, Los Angeles;  Skadden, Arps, Slate, Meagher & Flom, Raoul D. Kennedy, Douglas B. Adler and Darrel J. Hieber, Los Angeles, for Defendants and Appellants.