American Economy Insurance v. Reboans, Inc.

ORDER

A hearing was held on November 30, 1994 on defendant and cross-complainant’s motion for reconsideration and partial summary judgment. Kathleen E. Hegen appeared for plaintiff and cross-defendant American Economy Insurance Company (“American States”) and Kenneth M. Seeger appeared for defendant and cross-complainant Re-boans, Inc. (“Reboans”). For the reasons stated below, defendant Reboans’ motions for reconsideration and partial summary judgment are GRANTED.

I. BACKGROUND

Reboans is a California corporation that formerly owned and operated three gift shops, Nikaido, Heiseido and America-Ya, all of which are located in the Union Square area of downtown San Francisco. Charles Bogar is the sole shareholder and officer of Reboans. Jo Ann Bogar is a former shareholder and officer.

Reboans specializes in the import, export and retail sale of famous brand-name merchandise, including leather goods, apparel, jewelry, handbags, accessories, luggage and other merchandise. Reboans’ retail activities in San Francisco have focused primarily on tourists, especially Japanese tourists. To that end, Reboans advertises in tour books distributed for use by Japanese tourists visiting the…