Supreme Court of California Justia
Docket No. S109711M
Cassim v. Allstate

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, 10/13/2004S109711M

Parties
1Allstate Insurance Company (Defendant and Appellant)
Represented by Peter Abrahams
Horvitz & Levy
15760 Ventura Blvd, 18th Floor
Encino, CA

2Cassim, Fareed (Plaintiff and Respondent)
Represented by Amy Ardell
The Law Offices Of Ian Herzog
233 Wilshire Boulevard, Suite 550
Santa Monica, CA

3Cassim, Fareed (Plaintiff and Respondent)
Represented by Ian Herzog
Law Offices Of Ian Herzog
233 Wilshire Blvd #550
Santa Monica, CA

4Cassim, Rashida (Plaintiff and Respondent)
Represented by Amy Ardell
The Law Offices Of Ian Herzog
233 Wilshire Blvd., Suite 550
Santa Monica, CA

5United Services Automobile Association (Pub/Depublication Requestor)
Represented by Pamela E. Dunn
Robie & Matthai
500 S Grand #1500
Los Angeles, CA

6State 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

7Truck 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

8Truck Insurance Exchange, Et Al (Pub/Depublication Requestor)
Represented by Feris M. Greenberger
Greines, Martin, Stein & Richland
5700 Wilshire Blvd, Suite 375
Los Angeles, CA

9Consumer Attorneys Of California (Amicus curiae)
Represented by E. Gerard Mannion
Mannion & Lowe
655 Montgomery St #1200
San Francisco, CA

10United Policyholders (Amicus curiae)
Represented by Amy Bach
Attorney at Law
42 Miller Ave
Mill Valley, CA

11Truck Insurance Exchange, Et Al. (Amicus curiae)
12State Farm General Insurance Company (Amicus curiae)
Represented by Pamela E. Dunn
Dunn Koes LLP
253 South Marengo Ave.
Pasadena, CA

13State Farm General Insurance Company (Amicus curiae)
Represented by Daniel J. Koes
Dunn Koes LLP
253 S. Marengo Avenue
Pasadena, CA


Disposition
Jul 29 2004Opinion: Reversed

Dockets
Sep 6 2002Petition for review filed
  by counsel for respondents
Sep 10 2002Request for depublication filed (initial case event)
  By counsel for appellant {Allstate Insurance Company}.
Sep 12 2002Request for depublication (petition for review pending)
  non party United Services Automobile Association.
Sep 12 2002Received Court of Appeal record
  1 doghouse
Sep 18 2002Filed:
  Letter from counsel for respondents Fareed and Rashida Cassim, dated 9-17-2002.
Sep 24 2002Request for depublication filed (another request pending)
  by State Farm Mutual Auto. Ins. Co. and State Farm Gen. Ins. Co. (non-party)
Sep 26 2002Answer to petition for review filed
  by counsel for respondent (Allstate Insurance Co.)
Sep 27 2002Request for depublication filed (another request pending)
  Truck Insurance Exchange, et al. (non-party)
Sep 30 2002Filed letter from:
  counsel for appellant (Allstate Ins. Co) re: opposition to request for depublication.
Oct 2 2002Filed 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 2002Reply to answer to petition filed
  respondent FAreed and Rashida Cassim
Oct 7 20022nd record request
  remaining records.
Oct 8 2002Received Court of Appeal record
  remaining eight doghouses shipped regular shipment this day to S.F.
Oct 16 20023rd record request
  Overnight Mail
Oct 30 2002Petition 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 2002Certification of interested entities or persons filed
  by counsel for appellant (Allstate Ins. Co.)
Nov 12 2002Certification of interested entities or persons filed
  by counsel for respondent (Cassim)
Dec 27 2002Filed:
  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 2002Received:
  respondent Fareed and Rashida Cassim's "LATE" Opening Brief/Merits submitted with Request for Relief from Default.
Jan 3 2003Opening brief on the merits filed
  with permission by counsel for respondents (Cassim)
Jan 6 2003Extension 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 2003Request 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 2003Extension 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 2003Received Court of Appeal record
  one binder of exhibits shipped to sf attn: amye
Mar 5 2003Answer brief on the merits filed
  by counsel for appellant (Allstate Ins. Co.)
Mar 21 2003Request for extension of time filed
  to file respondents, Fareed and Rashida Cassim's reply brief, asking to April 2, 2003.
Mar 26 2003Extension of time granted
  to 4-2-03 for resp to file the reply brief on the merits.
Apr 2 2003Reply brief filed (case fully briefed)
  by respondent
Apr 29 2003Request 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 2003Extension 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 2003Received application to file amicus curiae brief; with brief
  United Policyholders (non-party) **** granted *** order being prepared.
May 2 2003Received 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 2003Received application to file amicus curiae brief; with brief
  Consumer Attorneys of California (non-party) in support of appellant.
May 7 2003Permission to file amicus curiae brief granted
  Consumer Attorneys of California
May 7 2003Amicus 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 2003Permission to file amicus curiae brief granted
  Truck Insurance Exchange, et al., in support of Allstate Ins. Company.
May 7 2003Amicus 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 2003Permission to file amicus curiae brief granted
  United Policyholders
May 7 2003Amicus 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 2003Received 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 2003Permission to file amicus curiae brief granted
  State Farm General Insurance Company, et al. (non-party) in support of Allstate Insurance Company.
May 21 2003Amicus 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 2003Response 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 2003Response 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 2004Case ordered on calendar
  5-4-04, 1:30 pm, S.F.
May 4 2004Cause argued and submitted
 
Jul 29 2004Opinion 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 2004Rehearing petition filed
  by counsel for deft., aplt. and cross-resp. Allstate Insurance Company (40k)
Aug 17 2004Time 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 2004Rehearing denied
  Opinion modified. Chin, J., was recused and did not participate.
Oct 13 2004Opinion modified - no change in judgment
 
Oct 13 2004Remittitur issued (civil case)
 
Oct 21 2004Received:
  receipt for remittitur from CA 2/7

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