Advanced Building Maintenance v. State Compensation Insurance Fund

Appellant State Compensation Insurance Fund appeals from an order entered after the trial court granted respondent Advanced Building Maintenance’s motion to vacate a judgment. We reverse.

Contentions

Appellant urges that (1) respondent’s motion to vacate the judgment was untimely and the trial court lacked jurisdiction to extend the statutory deadline, (2) the trial court’s order granting the motion to vacate the judgment was void because it failed to enter a different judgment, and (3) respondent did not provide the trial court with any other basis for vacating the judgment.

Facts and Procedural Background

Appellant is a public enterprise fund organized for the purpose of “transacting workers’ compensation insurance, and insurance against the expense of defending any suit for serious and willful misconduct, against an employer or his or her agent, and insurance to employees . . . .” (Ins. Code, §§ 11770, 11775.)

On October 25, 1993, respondent, which had procured workers’ compensation insurance coverage from appellant from January 1, 1986, through January 1,1991, filed a complaint against appellant for (1) breach of implied covenant of good faith and fair dealing;…