EEF

Economic Empowerment Foundation v. Quackenbush

Good Law
1998 Cal. App. LEXIS 700·65 Cal. App. 4th 1397·77 Cal. Rptr. 2d 390·98 Daily Journal DAR 8625·98 Cal. Daily Op. Serv. 6255
Court of Appeal of CaliforniaAugust 7, 1998A076894California2,861 words

Opinion

Opinion

Phelan, J.

Economic Empowerment Foundation (EEF) seeks review of a judgment dismissing a petition for writ of mandate by which it sought to set aside an insurance rate increase requested by real parties in interest State Farm Fire and Casualty Company and State Farm General Insurance Company (collectively, State Farm), and approved by Charles Quackenbush, the Insurance Commissioner of the State of California (the Commissioner). The trial court sustained, without leave to amend, State Farm’s demurrer to EEF’s petition, on the ground it was untimely filed after the Commissioner’s •order became “effective” pursuant to Insurance Code section 1858.6. We conclude that the time limit prescribed by Government Code section 11523 governs a petition for judicial review of the Commissioner’s decision— which was issued following a hearing required by section 1861.05, subdivision (c), and governed by the California Administrative Procedure Act (APA) (Gov. Code, §§ 11500-11529)—and that EEF’s petition was, therefore, timely. Accordingly, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.

Factual and Procedural Background

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