Scif

Gordon's Cabinet Shop v. State Compensation Insurance Fund

Good Law
1999 Cal. App. LEXIS 740·74 Cal. App. 4th 33·87 Cal. Rptr. 2d 541·99 Daily Journal DAR 8195·64 Cal. Comp. Cases 1011
Court of Appeal of CaliforniaAugust 10, 1999E020212 and E020569California3,281 words

Opinion

Opinion

Ward, J.

Plaintiff and appellant Gordon’s Cabinet Shop (plaintiff) appeals after the trial court dismissed its action for failure to bring it to trial within five years. (Code Civ. Proc., § 583.310.) Plaintiff contends that the five-year statute was tolled by two separate periods during the pendency of the case, and that the trial court therefore erred in concluding the five-year statute had run. We affirm.

Facts and Procedural History

Plaintiff is in the business of making and installing cabinets. As an employer, plaintiff is required to carry workers’ compensation insurance. Plaintiff purchased its workers’ compensation insurance from defendant and respondent State Compensation Insurance Fund (SCIF).

SCIF is a “public enterprise fund created for the purpose of transacting workers’ compensation insurance. (Ins. Code, §§ 11770, 11773.) It was established to ensure that affordable workers’ compensation insurance would be available to employers when coverage became mandatory. [Citation.]” (Tudor Ranches, Inc. v. State Comp. Ins. Fund (1998) 65 Cal.App.4th 1422, 1425 [ 77 Cal.Rptr.2d 574 ].) Under the statutory scheme, SCIF is intended to be competitive with other insurers, and to…

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