California Court of Appeal

In plaintiff's breach of contract action against its insurer, trial court's grant of summary judgment in favor of the defendant is affirmed where: 1) trial issues of fact as to whether defendant is equitably estopped from asserting the contractual limitations provision preclude summary judgment based on the provision; 2) defendant is entitled to summary judgment based on a material misrepresentation in the insurance application; and 3) plaintiff has shown no prejudicial error in the sustaining of the demurrer to the fraud count.

Appellate Information

• Decided 01/21/2010
• Published 01/21/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Pierry Shenoi, Brown Shenoi Koes, Allan A. Shenoi;  Law Offices of Daniel J. Koes, Brown Shenoi Koes and Daniel J. Koes for Plaintiff and Appellant., Steven B. Stevens for Consumer Attorneys of California and United Policyholders as Amici Curiae on behalf of Plaintiff and Appellant., John Metz as Amicus Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Lewis Brisbois Bisgaard & Smith and Raul L. Martinez for Defendant and Respondent.