Hartford Fire Ins. Co. v. Superior Court

Full title: HARTFORD FIRE INS. CO. et al., Petitioners, v. SUPERIOR COURT OF SAN…

Court: California Court of Appeals, First District, First Division

Date published: Dec 30, 2005

No. A109257 (Cal. Ct. App. Dec. 30, 2005)

Opinion

Page 173a

135 Cal.App.4th 173a __ Cal.Rptr.3d__ HARTFORD FIRE INS. CO. et al., Petitioners, v. SUPERIOR COURT OF SAN FRANCISCO COUNTY, Respondent SCOTT C. TURNER, Real Party in Interest. A109257 California Court of Appeal, First District, First Division December 30, 2005

The opinion filed on November 30, 2005 (134 Cal.App.4th 649; __Cal.Rptr.3d__), is hereby modified.

THE COURT:

The petition for rehearing filed by Real Party in Interest Scott C. Turner is denied. It is ordered that the opinion in this matter, filed on November 30, 2005, is modified to add the following paragraph, which will be the final paragraph before the Conclusion on page 7 [134 Cal.App.4th 657, advance report], and to modify the Conclusion [134 Cal.App.4th 658, advance report], as follows:

Finally, we deny Turner’s request to order the trial court to allow him to seek leave to amend his complaint to substitute a new plaintiff to satisfy the requirements of Proposition 64. Such a procedure would be inconsistent with the evident intent of the proposition to discourage persons who have not suffered actual injury from initiating litigation for violations of the UCL.

Conclusion

Let a peremptory writ of mandate issue commanding respondent San Francisco County Superior Court to vacate its order denying petitioners’ motion for judgment on the pleadings and to enter a new order granting the motion for judgment on the pleadings without leave to amend. The stay previously imposed shall remain in effect until the remittitur issues. Each party will bear its own costs on appeal.

There is no change in the judgment.