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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




  • California Court of Appeal


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