Appellate — continued from Previous Page
Procedure mandates dismissal of cases not brought to trial within five years after filing. But section 583.340, pro- vides that: “In computing the time with- in which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the following conditions existed: … (b) Prosecution or trial of the action was stayed or enjoined. (c) Bringing the action to trial, for any other reason, was impossible, impracticable, or futile.” Plaintiff’s claim was dismissed for failing to bring the case to trial within 5 years. The Court of Appeal reversed. The Supreme Court reversed and remanded. The Court held that the exclusion in section 583.340, subd. (b), for periods when “the action was stayed or enjoined” refers only to a complete stay of the entire proceeding, and does not apply when only a portion of the action is stayed. But subdivision (d), which excludes time when prosecution of the action is “impossible, impracticable, or futile” could apply when only portions of the action were stayed. Accordingly, the Court remanded to the Court of Appeal to consider the application of that provision.
Song-Beverly Credit Card Act; requesting ZIP codes violates act. Pineda
v. Williams-Sonoma Stores, Inc. (2011) 51 Cal.4th 524 (Cal. Supreme). The Song- Beverly Credit Card Act of 1971 (Credit Card Act) (
Civ.Code, § 1747 et seq.) contains a provision, section 1747.08, subd. (a)(2), that prohibits businesses from requesting that cardholders pro- vide “personal identification informa- tion” during credit card transactions, and then recording that information. Plaintiff sued defendant retailer, assert- ing a violation of the Credit Card Act, because the retailer’s cashier asked her for her ZIP code, which the plaintiff pro- vided. In light of the statute’s plain lan- guage, protective purpose, and legisla- tive history, the Court concluded that a ZIP Code constitutes “personal identifi- cation information” as that phrase is used in section 1747.08. Thus requesting and recording a cardholder’s ZIP code, without more, violates the Credit Card Act.
Fire insurance; replacement-cost
coverage. Minich v. Allstate Ins. Co. (2011) __ Cal.App.4th __, 2011 WL 834071 (4th Dist. Div. 1.) Allstate issued Kelly and Debbie
Minich a homeowner’s insurance policy that provided that Allstate would pay the Minichs the “actual cash value” of their house, in an amount not to exceed
the “limit of liability shown on the Policy Declarations,” if the house were damaged or destroyed. The “Building Structure Reimbursement” provision of the Policy provided that Allstate would pay the Minichs an amount in excess of the actual cash value if the Minichs were to “repair, rebuild or replace” their house. An endorsement to the policy modified the “Building Structure Reimbursement” provision to state that this additional payment would not exceed “150 percent of the limit of lia- bility.” (“BSREL Endorsement”) After the Minichs’ house was
destroyed by a fire, Allstate paid the Minichs $129,590 – the limit of liability as shown on the policy’s declarations, minus a $250 deductible. However, Allstate refused to pay the additional $64,920 provided for in BSREL endorse- ment until the Minichs furnished Allstate with evidence that they were, in fact, rebuilding their house. Allstate paid the Minichs the additional $64,920 approximately 15 months after the fire, once the Minichs demonstrated to Allstate that they were rebuilding their house.
The Minichs sued Allstate, claiming
that Allstate should have paid them the $64,920 immediately after the fire. The Minichs contend that Insurance Code
ELIOT LEE GROSSMAN, ESQ. CONTRACT ATTORNEY
Personal Injury Workers’
Compensation Criminal Defense
• Appearances • Depositions • Mediations • Arbitrations • Trial Preparation • Research & Writing
SOUTHERN CALIFORNIA AREA (626) 417-8128 •
sinjusticia@juno.com
32 years experience. Fluent Spanish. $60 per hour. 94— The Advocate Magazine APRIL 2011
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