Continental Insurance v. Superior Court

This petition challenges denial of a motion for summary judgment. By the motion, Continental Insurance Company sought a ruling that the complaint against it was barred by the one-year limitation period in its insurance contract. The trial court denied the motion on the ground that “the date from which contracted one year requirement to sue begins is [a] factual issue.” Without reaching the merits of the trial court’s ruling, we vacate the court order for failure to comply with a recent amendment to Code of Civil Procedure section 437c.

Section 437c, as the result of a 1983 amendment (Stats. 1983, ch. 490, No. 4 Deering's Adv. Legis. Service, pp. 532-534, No. 7 West's Cal. Legis. Service, pp. 3035-3039), requires a precise explanation of a trial court ruling denying summary judgment. Subdivision (g), applicable to the ruling here, states: “Upon the denial of a motion for summary judgment on the ground that there is a triable issue as to one or more material facts, the court shall, by written or oral order, specify one or more material facts raised by the motion as to which the court has determined there exists a triable controversy. This determination shall specifically…