Jang

Blossom Lum Jang v. State Farm Fire & Casualty Co.

Good Law
80 Cal. App. 4th 1291·95 Cal. Rptr. 2d 917
Court of Appeal of CaliforniaJune 8, 2000A085617California4,969 words

Opinion

Opinion

Ruvolo, J.

I.

Introduction

Appellant Blossom Lum Jang appeals from the trial court’s award of summary judgment in favor of respondent State Farm Fire and Casualty Company on her cross-complaint for civil conspiracy and bad faith. Appellant contends the trial court erred when it determined her cross-complaint was an action on the insurance policy, which was barred by the policy’s one-year statute of limitations. We reject this contention and affirm the trial court.

II.

Background

In 1990, Frank and Shirley Stonich (the Stoniches) owned property (the property) that was insured under a policy issued by respondent (the policy). Appellant held a second mortgage on the building, and was a loss payee under the policy. Bay View Federal Bank (Bay View) held the first mortgage, and others held the third and fourth mortgages. On June 11, 1990, the Stoniches’ building was severely damaged by a fire. At that time, the balance on the first mortgage was approximately $1.7 million, and the balance on appellant’s second mortgage totaled $530,000 in principal and $52,470 in deferred interest. After the fire, respondent paid approximately $1.5 million to the Stoniches and Bay View to cover the…

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