Bullard
Bullard v. California State Automobile Ass'n
Opinion
Opinion
Cantil-Sakauye, J.
On June 16, 2002, plaintiffs Lee Allan and Nina Bullard (the Bullards) were injured in a rear-end collision. The driver of the pickup truck that struck their car was uninsured. The trial court denied the Bullards’ petition to compel defendant California State Automobile Association (CSAA) to arbitrate the claim under the Bullards’ uninsured motorist policy, concluding, among other things, that the petition was untimely under the provisions of Insurance Code section 11580.2 applicable at the time.
On appeal, the Bullards argue they are entitled to reversal because: (1) the 2003 amendment to section 11580.2, subdivision (i), effective January 1, 2004, applies retroactively; (2) the 2003 amendment to Code of Civil Procedure section 335.1 extended the limitations period in former section 11580.2, subdivision (i) from one year to two years by implication; (3) the court erred in finding there was no factual basis for estoppel; and (4) the trial court abused its discretion under Code of Civil Procedure section 473 in permitting CSAA to file its opposition to the Bullards’ petition to compel arbitration after the statutory deadline. We shall affirm the order.