Home > Opinions > Powerine Oil Co. v. Super. Ct.

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, 10/27/2005	S113295N

Parties

1	Central 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
2	Complex Insurance Claims Litigation Association (Amicus curiae) Represented by John J. Moura Sinnott Dito Moura & Puebla 707 Wilshire Blvd., Suite 3200 Los Angeles, CA
3	Giller, Richard (Amicus curiae) Represented by Richard C. Giller Weston Benshoof et al LLP 333 S Hope St 16FL Los Angeles, CA
4	Itt Industries, Inc. (Amicus curiae) Represented by David Sean Cox Morgan, Lewis & Bockius 300 South Grand Avenue, Twenty-Second Fl Los Angeles, CA
5	London Market Insurers (Amicus curiae) Represented by William J. Baron Hancock Rothert & Bunshoft 515 South Figueroa Street, 17th Floor Los Angeles, CA
6	Los Angeles County Superior Court (Respondent)
7	Powerine Oil Company, Inc. (Petitioner) Represented by David B. Goodwin Heller Ehrman White Et Al 333 Bush Street San Francisco, CA
8	Powerine Oil Company, Inc. (Petitioner) Represented by David R. Isola Isola Bowers LLP 701 S Ham Lane, Second Floor Lodi, CA
9	United Policyholders (Amicus curiae) Represented by Richard C. Giller Weston Benshoof Rochefort Rubalcava & Maccuish 333 South Hope Street, 16FL Los Angeles, CA

Disposition
Aug 29 2005	Opinion: Affirmed

Dockets
Jan 31 2003	Petition for review filed real party Central National Insurance Company of Omaha
Feb 5 2003	Received Court of Appeal record 1 doghouse
Feb 11 2003	Received: RPI'S errata to petition for review.
Feb 20 2003	Answer to petition for review filed by counsel
Feb 21 2003	Request for depublication (petition for review pending) real party Central National Insurance Company
Feb 24 2003	Received letter from: real party Central National Insurance Company
Mar 3 2003	Opposition filed By counsel for petitioner {Powerine Oil Company} to request for depublication.
Mar 21 2003	Time extended to grant or deny review To May 2, 2003.
Apr 23 2003	Petition for Review Granted (civil case) Votes: George, CJ., Kennard, Baxter, Werdegar, Chin, Brown and Moreno, JJ.,
May 5 2003	Certification of interested entities or persons filed By counsel for petitioner {Powerine Oil Company}.
May 6 2003	Certification of interested entities or persons filed real party Central National Insurance Company
May 14 2003	Request for extension of time filed real party Central National Insurance>>opening brief to 6-23-03
May 14 2003	Received Court of Appeal record remaining one doghouse sent overnight.
May 20 2003	Extension of time granted To June 23, 2003 to file RPI's Opening Brief on the Merits.
Jun 23 2003	Opening brief on the merits filed real party Central National Insurance
Jun 23 2003	Request for judicial notice filed (in non-AA proceeding) real party Central National Insurance [2 vols of exhibits rec'd]
Jun 23 2003	Received: out of state authorities>>real party Central National Insurance Company
Jul 3 2003	Request 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 2003	Extension of time granted To August 22, 2003 to file petitioner's Answer Brief on the Merits.
Aug 22 2003	Answer brief on the merits filed By counsel for petitioner {Powerine Oil Company Inc.,}.
Aug 26 2003	Request for extension of time filed reply brief/merits to 10-1-03>>real party Central National Insurance
Aug 29 2003	Request 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 2003	Extension of time granted To October 6, 2003 to file RPI'S {Central National Insurance Company of Omaha} Reply Brief on the Merits.
Oct 6 2003	Reply brief filed (case fully briefed) by RPI Central National Insurance Company of Omaha
Oct 14 2003	Received 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 2003	Permission to file amicus curiae brief granted Complex Insurance Claims Litigation Association in support of RPI.
Oct 21 2003	Amicus 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 2003	Response to amicus curiae brief filed By petitioner {Powerine Oil Company Inc.} to AC Brief filed by Complex Insurance Claims Litigation Association.
Nov 5 2003	Received application to file amicus curiae brief; with brief Application and Brief under same cover of United PolicyHolders Richard Giller.
Nov 5 2003	Received application to file amicus curiae brief; with brief ITT Industires Inc., app./ brief under saparate cover supports petnr. Powerine Oil Co., Inc.
Nov 6 2003	Received application to file Amicus Curiae Brief London Market Insurers in support of RPI {Central National Insurance Co. of Omaha}./ 40(K).
Nov 13 2003	Permission to file amicus curiae brief granted London Market Insurers Insurers in support of Real Party in Interest.
Nov 13 2003	Amicus curiae brief filed London Market Insurers in support of Real Party in Interest. Answer is due witin twenty days.
Nov 14 2003	Permission to file amicus curiae brief granted United Policyholders and Richard Giller in support of Petitioner.
Nov 14 2003	Amicus curiae brief filed United Policyholders and Richard Giller in support of petitioner. Answer is due within twenty days.
Nov 14 2003	Permission to file amicus curiae brief granted ITT Industries, Inc., in support of petitioner.
Nov 14 2003	Amicus curiae brief filed ITT Industries, Inc., in support of petitioner. Answer is due within twenty days.
Nov 14 2003	Received letter from: O'Melveny & Myers LLP dated Nov 14, 2003. advising court of a new CA opinion.
Dec 1 2003	Request 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 2003	Extension of time granted To December 5, 2003 to file Petitioner's Response to AC Brief filed by London Market Insurers.
Dec 1 2003	Request 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 2003	Extension 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 2003	Response to amicus curiae brief filed By petitioner {Powerine Oil Company, Inc.,} to AC Brief filed by London Market Insurers.
Dec 5 2003	Response 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 2004	Filed: 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 2005	Filed: letter of RPI, ("Central National") in response to letter of petitioner ("Powerine"), dated Dec. 23rd..
Jan 12 2005	Filed: Letter from counsel for petitioner dated January 12, 2005 in response to RPI's letter.
May 3 2005	Case ordered on calendar 6/2/05, 9am, LA
May 25 2005	Request for judicial notice granted The request for judicial notice filed on June 23, 2003, is hereby granted.
Jun 2 2005	Cause argued and submitted
Aug 29 2005	Opinion 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 2005	Request 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 2005	Request for modification of opinion filed By counsel for Aerojet-General Corporation. Requesting modification on page 22.
Sep 20 2005	Filed 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 2005	Time 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 2005	Opinion modified - no change in judgment
Oct 26 2005	Order filed Opinion modified.
Oct 27 2005	Order filed Nunc pro tunc correction of 10/26/05 modification order to note judgment not affected by modification.
Oct 31 2005	Remittitur issued (civil case)
Nov 7 2005	Received: receipt for remittitur CA 2/3.

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