Cordova

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 91 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 92 OPINION Under Code of Civil Procedure section 340.9 1 certain victims of the Northridge earthquake whose insurance claims would otherwise have been barred by the limitations period in Insurance Code section 2071 received an additional one-year period from January 1, 2001 to December 31, 2001 in which to file a claim or commence an action on the policy. The issue before us is whether, with the expiration of this additional one-year period, the filing window is now permanently closed to all victims of the Northridge quake or whether insurers may be equitably estopped from asserting the bar of the limitations period. We hold the Legislature did not supplant application of the long-established doctrine of equitable estoppel when it enacted section 340.9. FACTS AND PROCEEDINGS BELOW The following facts are undisputed. At the time of the Northridge earthquake, January 1994, Charlotte Cordova had a homeowners…

I respectfully dissent. I would affirm the judgment for the reasons hereafter set forth. Initially, I agree with the majority that the facts recited are not in dispute. However, I take issue with the majority as to the legal effect of the undisputed facts. I note that Cordova submitted no evidence showing a prima facie claim of equitable estoppel against 21st Century. I therefore would find no reason to reach the question whether plaintiff's claim of equitable estoppel would otherwise be barred by Code of Civil Procedure section 340.9 . Similarly, I find no merit to Cordova's contention 21st Century or the trial court misled her into not presenting evidence to support her entitlement to equitable relief. Code of Civil Procedure section 437c , subdivision (c) states: "[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Code of Civil Procedure section 437c , subdivision (p)(2) states in relevant part: "A defendant . . . has met his or her burden of showing that a cause of action has no merit if that party has shown . . . there…

Under Code of Civil Procedure section 340.9 certain victims of the Northridge earthquake whose insurance claims would otherwise have been barred by the limitations period in Insurance Code section 2071 received an additional one-year period from January 1, 2001 to December 31, 2001 in which to file a claim or commence an action on the policy. The issue before us is whether, with the expiration of this additional one-year period, the filing window is now permanently closed to all victims of the Northridge quake or whether insurers may be equitably estopped from asserting the bar of the limitations period.

We hold the Legislature did not supplant application of the long-established doctrine of equitable estoppel when it enacted section 340.9.

FACTS AND PROCEEDINGS BELOW

The following facts are undisputed.

At the time of the Northridge earthquake, January 1994, Charlotte Cordova had a homeowners policy with 21st Century Insurance Company that included earthquake coverage. Shortly after the quake Cordova submitted a claim of loss based on damage to block walls, cracks throughout her house and damage to personal property. In March 1994, 21st Century determined Cordova’s…