Rosenblum

Rosenblum v. Safeco Insurance

Good Law
126 Cal. App. 4th 847·2005 Cal. App. LEXIS 205·2005 Daily Journal DAR 1691·24 Cal. Rptr. 3d 427·2005 Cal. Daily Op. Serv. 1244
Court of Appeal of CaliforniaFebruary 10, 2005B172406California6,178 words

Opinion

Opinion

Croskey, J.

The plaintiff and appellant, Thelma K. Rosenblum, asks us to reverse a summary judgment entered on her amended complaint in favor of the defendant and respondent, Safeco Insurance Company (Safeco). After negotiating a settlement of her claim and executing a full release upon the payment of the agreed amount by Safeco, Rosenblum filed this action alleging that she had entered into the settlement under duress and due to the fraudulent misrepresentations of Safeco. She further alleged that, in spite of such negotiated settlement, her claim had been revived by the passage of Code of Civil Procedure, section 340.9 (section 340.9).

The trial court granted Safeco’s motion for summary judgment on the grounds that (1) Rosenblum had not presented evidence sufficient to raise a triable issue of fact on her claims of duress and fraud and (2) section 340.9 was a revivor statute that served only to overcome any time limitations defense Safeco might have had, but it did not operate to revive a claim that had been extinguished by a validly executed release. Because we agree with the trial court’s reasoning and conclusion, we will affirm the judgment.

FACTUAL AND PROCEDURAL…

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