Skip to main content

California Court of Appeal

Reset A A Font size: Print

Farmers Insurance Exchange v. Superior Court (Wilson), B246901

Petition for writ of mandate to compel trial court to reconsider its ruling granting plaintiff's motion for class certification based solely on a single appellate court opinion, that was later depublished by the California Supreme Court, is granted, where: 1) the depublication of an opinion can constitute a change in the law sufficient to warrant reconsideration; 2) in this case, where the sole legal basis for the trial court's order was the depublished decision, the depublication order necessarily constituted a change of law pursuant to Code of Civil Procedure section 1008; and 3) under the unique circumstances of this case, it would be an abuse of discretion to deny reconsideration.

Appellate Information

  • Decided 07/23/2013
  • Published 07/23/2013

Judges

  • CROSKEY

Court

  • California Court of Appeal

Counsel

Copied to clipboard