Javaheri
Javaheri v. State Farm Fire & Casualty Co.
Opinion
Lead Opinion
*837 MEMORANDUM **
Ardeshir Javaheri appeals the district court’s grant of summary judgment in favor of State Farm Fire and Casualty Company (State Farm). Javaheri sued State Farm alleging bad faith and seeking declaratory relief in connection with the handling of his claim for earthquake property damage after the 1994 Northridge earthquake. The district court determined that Javaheri’s homeowners and earthquake insurance policies’ one-year suit limitation barred his claim against State Farm.
After the district court granted summary judgment but while Javaheri’s appeal was pending, the California legislature enacted California Code of Civil Procedure § 340.9, (effective January 1, 2001) which extended the limitations period for certain Northridge earthquake cases. Javaheri meets the basic requirements for the extension of the limitations period, namely he filed his claim prior to January 1, 2000, and his case has not been litigated to finality as determined by our recent decision in Campanelli v. Allstate, — F.3d -, No. 00-55466, 2003 WL 670196 , (9th Cir. March 3, 2003).
In light of our decision in Campanelli , which upholds the constitutionality of California Code of Civil…