Supreme Court of California Justia
Docket No. S113295N
Powerine Oil Co. v. Super. Ct.

Filed 10/27/05


IN THE SUPREME COURT OF CALIFORNIA

POWERINE OIL COMPANY, INC.,
Petitioner,
S113295
v.
Ct.App. 2/3 B156216
THE SUPERIOR COURT OF LOS
ANGELES COUNTY,
Los Angeles County
Super. Ct. No. VC025771
Respondent;
)
CENTRAL NATIONAL INSURANCE
COMPANY OF OMAHA et al.,
)

Real Parties in Interest.

MODIFICATION OF OPINION
The modification order filed in this matter on October 26, 2005, is revised
nunc pro tunc to read as follows:

THE COURT:

The opinion herein, appearing at 37 Cal.4th 377, is modified as follows:
The fourth sentence of the second full paragraph on page 397 is ordered
deleted.
The modification does not affect the judgment.


Opinion Information
Date:Docket Number:
Thu, 10/27/2005S113295N

Parties
1Central National Insurance Company Of Omaha (Real Party in Interest)
Represented by Carlos Emiliano Needham
O'Melveny & Myers, LLP
400 S Hope St
Los Angeles, CA

2Los Angeles County Superior Court (Respondent)
3Powerine Oil Company, Inc. (Petitioner)
Represented by David B. Goodwin
Heller Ehrman White Et Al
333 Bush Street
San Francisco, CA

4Powerine Oil Company, Inc. (Petitioner)
Represented by David R. Isola
Isola Bowers LLP
701 S Ham Lane, Second Floor
Lodi, CA

5Complex Insurance Claims Litigation Association (Amicus curiae)
Represented by John J. Moura
Sinnott Dito Moura & Puebla
707 Wilshire Blvd., Suite 3200
Los Angeles, CA

6London Market Insurers (Amicus curiae)
Represented by William J. Baron
Hancock Rothert & Bunshoft
515 South Figueroa Street, 17th Floor
Los Angeles, CA

7Itt Industries, Inc. (Amicus curiae)
Represented by David Sean Cox
Morgan, Lewis & Bockius
300 South Grand Avenue, Twenty-Second Fl
Los Angeles, CA

8United Policyholders (Amicus curiae)
Represented by Richard C. Giller
Weston Benshoof Rochefort Rubalcava & Maccuish
333 South Hope Street, 16FL
Los Angeles, CA

9Giller, Richard (Amicus curiae)
Represented by Richard C. Giller
Weston Benshoof et al LLP
333 S Hope St 16FL
Los Angeles, CA


Disposition
Aug 29 2005Opinion: Affirmed

Dockets
Jan 31 2003Petition for review filed
  real party Central National Insurance Company of Omaha
Feb 5 2003Received Court of Appeal record
  1 doghouse
Feb 11 2003Received:
  RPI'S errata to petition for review.
Feb 20 2003Answer to petition for review filed
  by counsel
Feb 21 2003Request for depublication (petition for review pending)
  real party Central National Insurance Company
Feb 24 2003Received letter from:
  real party Central National Insurance Company
Mar 3 2003Opposition filed
  By counsel for petitioner {Powerine Oil Company} to request for depublication.
Mar 21 2003Time extended to grant or deny review
  To May 2, 2003.
Apr 23 2003Petition for Review Granted (civil case)
  Votes: George, CJ., Kennard, Baxter, Werdegar, Chin, Brown and Moreno, JJ.,
May 5 2003Certification of interested entities or persons filed
  By counsel for petitioner {Powerine Oil Company}.
May 6 2003Certification of interested entities or persons filed
  real party Central National Insurance Company
May 14 2003Request for extension of time filed
  real party Central National Insurance>>opening brief to 6-23-03
May 14 2003Received Court of Appeal record
  remaining one doghouse sent overnight.
May 20 2003Extension of time granted
  To June 23, 2003 to file RPI's Opening Brief on the Merits.
Jun 23 2003Opening brief on the merits filed
  real party Central National Insurance
Jun 23 2003Request for judicial notice filed (in non-AA proceeding)
  real party Central National Insurance [2 vols of exhibits rec'd]
Jun 23 2003Received:
  out of state authorities>>real party Central National Insurance Company
Jul 3 2003Request for extension of time filed
  By Petitioner {Powerine Oil Company Inc.,} asking until August 22, 2003 to file Petitioner's Answer Brief on the Merits.
Jul 9 2003Extension of time granted
  To August 22, 2003 to file petitioner's Answer Brief on the Merits.
Aug 22 2003Answer brief on the merits filed
  By counsel for petitioner {Powerine Oil Company Inc.,}.
Aug 26 2003Request for extension of time filed
  reply brief/merits to 10-1-03>>real party Central National Insurance
Aug 29 2003Request for extension of time filed
  RPI {Central National Insurance} requesting to 10/6/2003 to file RPI's Reply Brief on the Merits.
Sep 9 2003Extension of time granted
  To October 6, 2003 to file RPI'S {Central National Insurance Company of Omaha} Reply Brief on the Merits.
Oct 6 2003Reply brief filed (case fully briefed)
  by RPI Central National Insurance Company of Omaha
Oct 14 2003Received application to file amicus curiae brief; with brief
  Complex Ins. Claims Litigation Association in support of Central Nat'l Ins. Co. [App & Brief under separate covers.]
Oct 21 2003Permission to file amicus curiae brief granted
  Complex Insurance Claims Litigation Association in support of RPI.
Oct 21 2003Amicus curiae brief filed
  Complex Insurance Claims Litigation Association in support of RPI {Central National Insurance Company of Omaha}. Answer is due within twenty days.
Nov 4 2003Response to amicus curiae brief filed
  By petitioner {Powerine Oil Company Inc.} to AC Brief filed by Complex Insurance Claims Litigation Association.
Nov 5 2003Received application to file amicus curiae brief; with brief
  Application and Brief under same cover of United PolicyHolders Richard Giller.
Nov 5 2003Received application to file amicus curiae brief; with brief
  ITT Industires Inc., app./ brief under saparate cover supports petnr. Powerine Oil Co., Inc.
Nov 6 2003Received application to file Amicus Curiae Brief
  London Market Insurers in support of RPI {Central National Insurance Co. of Omaha}./ 40(K).
Nov 13 2003Permission to file amicus curiae brief granted
  London Market Insurers Insurers in support of Real Party in Interest.
Nov 13 2003Amicus curiae brief filed
  London Market Insurers in support of Real Party in Interest. Answer is due witin twenty days.
Nov 14 2003Permission to file amicus curiae brief granted
  United Policyholders and Richard Giller in support of Petitioner.
Nov 14 2003Amicus curiae brief filed
  United Policyholders and Richard Giller in support of petitioner. Answer is due within twenty days.
Nov 14 2003Permission to file amicus curiae brief granted
  ITT Industries, Inc., in support of petitioner.
Nov 14 2003Amicus curiae brief filed
  ITT Industries, Inc., in support of petitioner. Answer is due within twenty days.
Nov 14 2003Received letter from:
  O'Melveny & Myers LLP dated Nov 14, 2003. advising court of a new CA opinion.
Dec 1 2003Request for extension of time filed
  Petitioner {Powerine Oil Company Inc.,} request a 2-day extension to December 5, 2003 to file petitioner's Response to AC Brief filed by London Market Insurers.
Dec 1 2003Extension of time granted
  To December 5, 2003 to file Petitioner's Response to AC Brief filed by London Market Insurers.
Dec 1 2003Request for extension of time filed
  Real party -> Central National Ins. Company of Omaha to file its answer to a.c. briefs of United Policyholders and ITT Ind. [a one day reqt to Dec. 5th]
Dec 5 2003Extension of time granted
  To December 5, 2003 to file RPI'S Response to AC Brief filed by United Policyholders and ITT Industries, Inc.,
Dec 5 2003Response to amicus curiae brief filed
  By petitioner {Powerine Oil Company, Inc.,} to AC Brief filed by London Market Insurers.
Dec 5 2003Response to amicus curiae brief filed
  Central National Insurance Company's "Combined" Response to Amicus Briefs of ITT Ind., Inc. and United Policyholders/Richard Giller.
Dec 23 2004Filed:
  letter from counsel for petitioner {Powerine Oil Co.,} dated December 23, 2004 re: recent decision of the Illinois Supreme Court (Central Illinois Light Co., v. Home Ins. Co. (Ill. Dec. 2, 2004.))
Jan 3 2005Filed:
  letter of RPI, ("Central National") in response to letter of petitioner ("Powerine"), dated Dec. 23rd..
Jan 12 2005Filed:
  Letter from counsel for petitioner dated January 12, 2005 in response to RPI's letter.
May 3 2005Case ordered on calendar
  6/2/05, 9am, LA
May 25 2005Request for judicial notice granted
  The request for judicial notice filed on June 23, 2003, is hereby granted.
Jun 2 2005Cause argued and submitted
 
Aug 29 2005Opinion filed: Judgment affirmed in full
  The judgment of the Court of Appeal directing the trial court to enter an order denying the insurer's motion for summary adjudication of the duty to indemnify is affirmed, and the matter is remanded to the Court of Appeal for further procedings consistent with the views expressed herein. Opinion by Baxter, J. -----joined by George, C.J., Kennard, Werdegar, Chin & Moreno, JJ.
Sep 13 2005Request for modification of opinion filed
  By counsel for petitioner, Powerine Oil Company. Request for modification of Page 22 of the Court's Opinion
Sep 13 2005Request for modification of opinion filed
  By counsel for Aerojet-General Corporation. Requesting modification on page 22.
Sep 20 2005Filed letter from:
  counsel for real party in interest("CENTRAL NATIONAL") responding to petitioner ("POWERINE II") letter dated 09-13-05 re: modification of opinion.
Sep 29 2005Time extended to consider modification or rehearing
  Finality of the opinion in the above-entitled case is hereby extended to and including October 28, 2005.
Oct 26 2005Opinion modified - no change in judgment
 
Oct 26 2005Order filed
  Opinion modified.
Oct 27 2005Order filed
  Nunc pro tunc correction of 10/26/05 modification order to note judgment not affected by modification.
Oct 31 2005Remittitur issued (civil case)
 
Nov 7 2005Received:
  receipt for remittitur CA 2/3.

Briefs
Jun 23 2003Opening brief on the merits filed
 
Aug 22 2003Answer brief on the merits filed
 
Oct 6 2003Reply brief filed (case fully briefed)
 
Oct 21 2003Amicus curiae brief filed
 
Nov 4 2003Response to amicus curiae brief filed
 
Nov 13 2003Amicus curiae brief filed
 
Nov 14 2003Amicus curiae brief filed
 
Nov 14 2003Amicus curiae brief filed
 
Dec 5 2003Response to amicus curiae brief filed
 
Dec 5 2003Response to amicus curiae brief filed
 
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