California Court of Appeal

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Ass'n of California Ins. Co. v. Poizner, B208402

In plaintiff-Association of California Insurance Companies' lawsuit disputing the validity of the 2006 amendments to regulations permitting consumer interest interveners to obtain compensation for participation in the administrative rate-setting process where an order or decision is issued by the Commissioner on an insurer's rate-setting application without a formal rate hearing, judgment upholding the regulations is affirmed where: 1) plaintiffs have failed to establish that the amended regulations are inconsistent with the governing statutes, and the trial court properly rendered a judgment denying their petition for a peremptory writ of mandate; and 2) plaintiffs failed to show that the trial court erred in awarding Foundation for Taxpayer and Consumer Rights compensation payable by them.

Appellate Information

  • Decided 12/30/2009
  • Published 12/30/2009

Judges

  • MALLANO, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Horvitz & Levy, David M. Axelrad, Mitchell C. Tilner, Encino; Barger & Wolen, Robert W. Hogeboom, Suh Choi and Michael A.S. Newman, Los Angeles, for Plaintiffs and Appellants.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, W. Dean Freeman and Felix E. Leatherwood, Supervising Deputy Attorneys General, Diane Spencer Shaw and Christine Zarifian, Deputy Attorneys General, for Defendants and Respondents., Consumer Watchdog, Harvey Rosenfield, Pamela M. Pressley, Todd M. Foreman; Public Advocates, Inc., and Richard A. Marcantonio for Intervener and Respondent.
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