International Insurance v. Superior Court

International Insurance Company sold several liability insurance policies to Rhone-Poulenc Basic Chemicals Company. In 1986, Rhone-Poulenc sued International over a coverage dispute about several third party environmental actions. In 1988, the coverage action was assigned to the Honorable G. Keith Wisot (now retired). In 1990, International prevailed on a motion for summary adjudication of issues. In 1994, Judge Wisot retired and the coverage cases were assigned to the Honorable Valerie L. Baker. In 1996, Rhone-Poulenc moved for reconsideration of Judge Wisot’s summary adjudication order on the ground that two recent cases (Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal.4th 645 [ 42 Cal.Rptr.2d 324 , 913 P.2d 878 ]; Homestead Ins. Co. v. American Empire Surplus Lines Ins. Co. (1996) 44 Cal.App.4th 1297 [ 52 Cal.Rptr.2d 268 ]) constituted a “change of law” within the meaning of Code of Civil Procedure section 1008, subdivision (c). In 1997, Judge Baker granted reconsideration and vacated Judge Wisot’s summary adjudication ruling.

International filed a petition for a writ of mandate, contending Judge Baker had no jurisdiction to reconsider Judge Wisot’s ruling…