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, 10/13/2004 S109711M
Parties
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 Consumer Attorneys Of California (Amicus curiae)
Represented by E. Gerard Mannion
Mannion & Lowe
655 Montgomery St #1200
San Francisco, CA
6 State Farm General Insurance Company (Amicus curiae)
Represented by Pamela E. Dunn
Dunn Koes LLP
253 South Marengo Ave.
Pasadena, CA
7 State Farm General Insurance Company (Amicus curiae)
Represented by Daniel J. Koes
Dunn Koes LLP
253 S. Marengo Avenue
Pasadena, CA
8 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
9 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
10 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
11 Truck Insurance Exchange, Et Al. (Amicus curiae)
12 United Policyholders (Amicus curiae)
Represented by Amy Bach
Attorney at Law
42 Miller Ave
Mill Valley, CA
13 United Services Automobile Association (Pub/Depublication Requestor)
Represented by Pamela E. Dunn
Robie & Matthai
500 S Grand #1500
Los Angeles, 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

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