CALIFORNIA CASUALTY GEN. INS. v. SUPERIOR COURT

Docket No. E002108.

173 Cal.App.3d 274 (1985)

218 Cal. Rptr. 817

CALIFORNIA CASUALTY GENERAL INSURANCE COMPANY et al., Petitioners, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; PAULA GORGEI, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

October 11, 1985.


Attorney(s) appearing for the Case

COUNSEL

Bruggeman, Smith & Peckham and Stephen Miller for Petitioners.

No appearance for Respondent.

Miller, Madden & Theios, Olen G. Miller and John J. Madden, Jr., for Real Party in Interest.


OPINION

KAUFMAN, J.

We issued an alternative writ of mandate to review an order of the San Bernardino Superior Court denying the motion of defendants below to amend their answer to the plaintiff's first amended complaint for "bad faith" to allege a fourth affirmative defense: "comparative bad faith."

Facts

Paula Gorgei, real party here and plaintiff below, was the owner of an automobile insurance policy issued...

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