First State Insurance v. Superior Court

Introduction

Petitioner First State Insurance Company, joined by a number of other insurance seeks an order from this court requiring respondent court to vacate an order made in the case of Jalisco Corp. v. Argonaut Ins. Co. (Super. Ct. L.A. Co., No. BC158441) now pending in respondent court. Specifically, petitioner seeks to nullify the court’s order precluding any party from filing a dispositive motion pursuant to Code of Civil Procedure section 437c (the summary judgment statute) without first complying with the supplemental case management order (SCMO) issued by the court on July 23, 1999.

Factual Background

The action pending in respondent court (the Action) readily qualifies as complex litigation. In fact, it was so designated by respondent court no later than April 17, 1998. In the Action, 25 corporate entity plaintiffs (real parties in interest herein) seek insurance coverage from in excess of 40 insurance companies for property damage and bodily injury claims involving approximately 1,800 sites owned or operated by Jalisco throughout the United States, Canada and Puerto Rico. The operative fifth amended complaint consists of 52 causes of action described in…