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.
Date: | Docket Number: |
Wed, 10/13/2004 | S109711M |
1 | Allstate Insurance Company (Defendant and Appellant) Represented by Peter Abrahams Horvitz & Levy 15760 Ventura Blvd, 18th Floor Encino, CA |
2 | Cassim, Fareed (Plaintiff and Respondent) Represented by Amy Ardell The Law Offices Of Ian Herzog 233 Wilshire Boulevard, Suite 550 Santa Monica, CA |
3 | Cassim, Fareed (Plaintiff and Respondent) Represented by Ian Herzog Law Offices Of Ian Herzog 233 Wilshire Blvd #550 Santa Monica, CA |
4 | Cassim, Rashida (Plaintiff and Respondent) Represented by Amy Ardell The Law Offices Of Ian Herzog 233 Wilshire Blvd., Suite 550 Santa Monica, CA |
5 | United Services Automobile Association (Pub/Depublication Requestor) Represented by Pamela E. Dunn Robie & Matthai 500 S Grand #1500 Los Angeles, CA |
6 | State Farm Mutual Automobile Insurance Company (Pub/Depublication Requestor) Represented by William F. Zulch Hill, Genson, Even, Crandall & Wade 7700 Irvine Center Drive, Ste. 700 Irvine, CA |
7 | Truck Insurance Exchange, Et Al (Pub/Depublication Requestor) Represented by Irving H. Greines Greines, Martin, Stein & Richland Llp 5700 Wilshire Blvd, Suite 375 Los Angeles, CA |
8 | Truck Insurance Exchange, Et Al (Pub/Depublication Requestor) Represented by Feris M. Greenberger Greines, Martin, Stein & Richland 5700 Wilshire Blvd, Suite 375 Los Angeles, CA |
9 | Consumer Attorneys Of California (Amicus curiae) Represented by E. Gerard Mannion Mannion & Lowe 655 Montgomery St #1200 San Francisco, CA |
10 | United Policyholders (Amicus curiae) Represented by Amy Bach Attorney at Law 42 Miller Ave Mill Valley, CA |
11 | Truck Insurance Exchange, Et Al. (Amicus curiae) |
12 | State Farm General Insurance Company (Amicus curiae) Represented by Pamela E. Dunn Dunn Koes LLP 253 South Marengo Ave. Pasadena, CA |
13 | State Farm General Insurance Company (Amicus curiae) Represented by Daniel J. Koes Dunn Koes LLP 253 S. Marengo Avenue Pasadena, CA |
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 |