Victaulic Co. v. American Home Assurance Co.

BACKGROUND

The Parties and the General Setting This is the second appeal in this lawsuit, the first of which resulted in our opinion in Victaulic Co. v. American Home Assurance Co. (2018) 20 Cal.App.5th 948 (Victaulic). Both briefs refer to the opinion for some of the background facts, as do we, taking judicial notice of it on our own motion. And as to how the facts are to be set forth, they must be in favor of Victaulic, the prevailing party below. (Farris v. Fireman’s Fund Insurance Co. (2004) 119 Cal.App.4th 671, 675, fn. 1 (Farris).) As the court put it in H.F. Ahmanson & Co. v. Salomon Bros. (1991) 229 Cal.App.3d 1445 (Ahmanson): “In our review of disqualification motions, as elsewhere, the judgment of the lower court is presumed correct, and all intendments and presumptions are indulged to support it on matters as to which the record is

2 silent. [Citation.] Conflicts in the declarations are resolved in favor of the prevailing party and the trial court’s resolution of factual issues arising from competing declarations is conclusive on the reviewing court. [Citations.]” (Id. at p. 1451.) Appellants are three insurance companies: American Home Assurance Company (American…