Stanford Law School - Robert Crown Law Library

Filed 10/13/04

IN THE SUPREME COURT OF CALIFORNIA

FAREED CASSIM et al.,
Plaintiffs
and
Respondents,
S109711
v.
Ct.App. 2/7 B139975
ALLSTATE INSURANCE COMPANY,
Los Angeles County
Defendant and Appellant.
Super. Ct. No. MC22462

MODIFICATION OF OPINION
BY THE COURT:
The opinion herein, appearing at 33 Cal.4th 780, is modified as follows:
In the second sentence of footnote 15 on page 812, after the words “trial
courts,” the words “or juries” is to be inserted, so that the entire sentence reads:
“But after nearly 20 years of experience with Brandt, we find no evidence trial
courts or juries have struggled with this type of apportionment.”
This modification does not effect a change in the judgment.

---

Opinion Information

Date:	Docket Number:
Wed, 10/13/2004	S109711M

Disposition
Jul 29 2004	Opinion: Reversed

Dockets
Sep 6 2002	Petition for review filed   by counsel for respondents
Sep 10 2002	Request for depublication filed (initial case event)   By counsel for appellant {Allstate Insurance Company}.
Sep 12 2002	Request for depublication (petition for review pending)   non party United Services Automobile Association.
Sep 12 2002	Received Court of Appeal record   1 doghouse
Sep 18 2002	Filed:   Letter from counsel for respondents Fareed and Rashida Cassim, dated 9-17-2002.
Sep 24 2002	Request for depublication filed (another request pending)   by State Farm Mutual Auto. Ins. Co. and State Farm Gen. Ins. Co. (non-party)
Sep 26 2002	Answer to petition for review filed   by counsel for respondent (Allstate Insurance Co.)
Sep 27 2002	Request for depublication filed (another request pending)   Truck Insurance Exchange, et al. (non-party)
Sep 30 2002	Filed letter from:   counsel for appellant (Allstate Ins. Co) re: opposition to request for depublication.
Oct 2 2002	Filed letter from:   counsel for respondent CASSIM responding to Sept 23rd letter from State Farm Mutual Ins. Co. and State Farm Gen'l Ins.,
Oct 2 2002	Reply to answer to petition filed   respondent FAreed and Rashida Cassim
Oct 7 2002	2nd record request   remaining records.
Oct 8 2002	Received Court of Appeal record   remaining eight doghouses shipped regular shipment this day to S.F.
Oct 16 2002	3rd record request   Overnight Mail
Oct 30 2002	Petition for Review Granted (civil case)   Votes: George, CJ., Kennard, Baxter, Werdegar, Brown and Moreno, JJ. Chin, J., was absent and did not participate.
Nov 7 2002	Certification of interested entities or persons filed   by counsel for appellant (Allstate Ins. Co.)
Nov 12 2002	Certification of interested entities or persons filed   by counsel for respondent (Cassim)
Dec 27 2002	Filed:   by counsel for appellant (Allstate Ins.) Request for 30-day Extension of time to file answer brief/or in the alternative Motion to Dismiss Review.
Dec 30 2002	Received:   respondent Fareed and Rashida Cassim's "LATE" Opening Brief/Merits submitted with Request for Relief from Default.
Jan 3 2003	Opening brief on the merits filed   with permission by counsel for respondents (Cassim)
Jan 6 2003	Extension of time granted   Appellant's time serve and file the answer brief is extended to and including February 3, 2003. The motion by appellant to dismiss review is hereby denied.
Jan 23 2003	Request for extension of time filed   counsel for appellant (Allstate Ins. Co.) requests extension to March 5, 2003 to file the answer brief on the merits.
Jan 24 2003	Extension of time granted   Appellant's time to serve and file the answer brief on the merits is extended to and including March 5, 2003.
Feb 28 2003	Received Court of Appeal record   one binder of exhibits shipped to sf attn: amye
Mar 5 2003	Answer brief on the merits filed   by counsel for appellant (Allstate Ins. Co.)
Mar 21 2003	Request for extension of time filed   to file respondents, Fareed and Rashida Cassim's reply brief, asking to April 2, 2003.
Mar 26 2003	Extension of time granted   to 4-2-03 for resp to file the reply brief on the merits.
Apr 2 2003	Reply brief filed (case fully briefed)   by respondent
Apr 29 2003	Request for extension of time filed   by counsel for State Farm Gen. Ins. Co. and United Svcs. Automobile Assoc. (non-party) to May 16, 2003 to file application for permission to file amicus curiae brief in support of Allstate Ins.
May 1 2003	Extension of time granted   State Farm General Ins. Co. et al. time to serve and file the application for permission to file amicus curiae brief is extended to and including May 16, 2003.
May 2 2003	Received application to file amicus curiae brief; with brief   United Policyholders (non-party) **** granted *** order being prepared.
May 2 2003	Received application to file amicus curiae brief; with brief   Truck Insurance Exchange, et al requests permission to file amicus curiae brief in support of appellant. (non-party) *** granted *** order being prepared.
May 2 2003	Received application to file amicus curiae brief; with brief   Consumer Attorneys of California (non-party) in support of appellant.
May 7 2003	Permission to file amicus curiae brief granted   Consumer Attorneys of California
May 7 2003	Amicus Curiae Brief filed by:   Consumer Attorneys of California in support of appellants. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
May 7 2003	Permission to file amicus curiae brief granted   Truck Insurance Exchange, et al., in support of Allstate Ins. Company.
May 7 2003	Amicus Curiae Brief filed by:   Truck Insurance Exchange, et al., in support of Allstate Insurance Company. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
May 7 2003	Permission to file amicus curiae brief granted   United Policyholders
May 7 2003	Amicus Curiae Brief filed by:   United Policyholders in support of appellants. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
May 19 2003	Received application to file amicus curiae brief; with brief   State Farm General Insurance Company, et al. (non-party) in support of Allstate Insurance. (40k)
May 21 2003	Permission to file amicus curiae brief granted   State Farm General Insurance Company, et al. (non-party) in support of Allstate Insurance Company.
May 21 2003	Amicus Curiae Brief filed by:   State Farm General Insurance Company in support of Allstae Insuracne Company. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
May 27 2003	Response to amicus curiae brief filed   by counsel for respondents (Allstate Insurance Co.) to amicus curiae brief of Consumer Attorneys of Calif. and amicus curiae brief of United PolicyHolders.
Jun 11 2003	Response to amicus curiae brief filed   respondent Fareed Cassim and Rashida Cassim responding to a/c/ brief of State Farm General Ins. and United Services Automobile Assoc.
Apr 6 2004	Case ordered on calendar   5-4-04, 1:30 pm, S.F.
May 4 2004	Cause argued and submitted
Jul 29 2004	Opinion filed: Judgment reversed   Opinion by Werdegar, J. -----joined by George, C.J., Kennard, & Moreno, JJ. Concurring and Dissenting Opinion by Baxter, J. -----joined by Brown, & Sims. JJ. (Hon. Richard M. Sims III, Court of Appeal, Third Appellate District, assigned)
Aug 16 2004	Rehearing petition filed   by counsel for deft., aplt. and cross-resp. Allstate Insurance Company (40k)
Aug 17 2004	Time extended to consider modification or rehearing   to and including October 27, 2004, or the date upon which rehearing is either granted or denied, whichever occurs first.
Oct 13 2004	Rehearing denied   Opinion modified. Chin, J., was recused and did not participate.
Oct 13 2004	Opinion modified - no change in judgment
Oct 13 2004	Remittitur issued (civil case)
Oct 21 2004	Received:   receipt for remittitur from CA 2/7

Briefs
Jan 3 2003	Opening brief on the merits filed
Mar 5 2003	Answer brief on the merits filed
Apr 2 2003	Reply brief filed (case fully briefed)
May 7 2003	Amicus Curiae Brief filed by:
May 7 2003	Amicus Curiae Brief filed by:
May 7 2003	Amicus Curiae Brief filed by:
May 21 2003	Amicus Curiae Brief filed by:
May 27 2003	Response to amicus curiae brief filed
Jun 11 2003	Response to amicus curiae brief filed

If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website