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California Court of Appeal


Mahnke v. Sup. Ct., B216110

In proceedings arising from the loss of insureds' home from a fire, insureds' petition for writ of mandate challenging a trial court's grant of the California FAIR Plan Association's (CFPA) motion to disqualify a party appraiser selected by insureds is granted and the order of the trial court vacated where: 1) party-selected appraisers may be disqualified when a substantial business relationship exists between the appraiser and a party; and 2) the disclosed relationship between the appraiser and the insureds' counsel does not warrant his disqualification.

Appellate Information

  • Decided 12/21/2009
  • Published 12/21/2009

Judges

  • PERLUSS, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Shane, DiGiuseppe & Rodgers and Stephen A. DiGiuseppe, Westlake Village, for Petitioners., Millard, Holweger, Child & Marton, Bradley P. Childers, Los Angeles, for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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