Payne
Credit Insurance General Agents Ass'n of California, Inc. v. Payne
Opinion
Lead Opinion
Roth, J.
On June 18, 1973, appellant filed its action against respondent for declaratory and injunctive relief, wherein it sought to enjoin enforcement of portions of sections 2248.1-2248.25 of title 10 of the California Administrative Code and particularly section 2248.14(c) there *874 of, insofar as they purport to regulate compensation which may be paid to general agents of insurers in the credit insurance industry in California and to obtain an adjudication respondent was without statutory authority to restrict the maximum amount of such compensation.
Following respondent’s answer, the trial court granted summary judgment in favor of appellant, having concluded respondent was without the necessary authority. That determination was affirmed on appeal. Our Supreme Court, however, granted hearing and on April 3, 1976, rendered its decision reversing the judgment and remanding the cause to the trial court with directions to enter judgment for respondent. (Credit Ins. Gen. Agents Assn. v. Payne (1976) 16 Cal.3d 651 [ 128 Cal.Rptr. 881 , 547 P.2d 993 ].) A petition for rehearing was denied May 6, 1976, and on July 27, 1976, a final judgment was entered. Thereafter, appellant filed…