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INDUSTRIAL INDEMNITY CO. v. SUPERIOR COURT

Docket No. H005368.

209 Cal.App.3d 1093 (1989)

257 Cal. Rptr. 655

INDUSTRIAL INDEMNITY COMPANY, Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; GEORGE W. BOOTH et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

April 20, 1989.

Attorney(s) appearing for the Case

COUNSEL

Kent J. Clancy, Caryn Bortnick and Derby, Cook, Quinby & Tweedt for Petitioner.

No appearance for Respondent.

Charles B. Perkins, Flynn & Rose and Benjamin H. Scharf for Real Parties in Interest.

OPINION

PREMO, J.

This is a timely petition for a writ of mandate pursuant to Code of Civil Procedure section 437c, subdivision (l). We grant a peremptory writ in the first instance, holding that there are no damages available to a private litigant under Business and Professions Code section 17203, and that there is no private action under Insurance Code section 790.03, subdivision (h).1

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