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QUACKENBUSH v. SUPERIOR COURT OF SANTA BARBARA COUNTY

Docket No. B104666.

57 Cal.App.4th 660 (1997)

CHARLES QUACKENBUSH, as Insurance Commissioner, etc., et al., Petitioners, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; FRANCIS KAYE LYONS, Real Party in Interest.

Court of Appeals of California, Second District, Division Six.

September 8, 1997.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Margaret A. Rodda, Assistant Attorney General, Richard J. Rojo and Leonard Pape, Deputy Attorneys General, for Petitioners.

No appearance for Respondent.

Smith & Muttart, Craig A. Smith and V. Michael Muttart for Real Party in Interest.

OPINION

GILBERT, J.

Here we hold that Insurance Code section 123891 does not impose a mandatory duty on the Insurance Commissioner (hereinafter Commissioner) to prohibit an underwritten title company that has violated the Insurance Code from doing business or to warn the public. We issue a writ of mandate directing the trial court to vacate its order overruling the Commissioner's demurrer to the complaint...

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