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NAFSU v. HURD

No. D035536.

101 Cal.Rptr.2d 426 (2000)

84 Cal.App.4th 1103

Salwan NAFSU, Plaintiff and Appellant, v. Steven Michael HURD, Defendant and Respondent.

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

Review Granted February 14, 2001.

Attorney(s) appearing for the Case

Earl T. Durham, San Diego, for Plaintiff and Appellant.

Jon E. Taylor, for Defendant and Respondent.

McINTYRE, J.

In this case, we decide that the litigation privilege set forth in Civil Code section 47, subdivision (b) (all statutory references are to the Civil Code unless otherwise specified) does not bar rescission of a settlement when the settlement was based on a misrepresentation of the applicable insurance policy limits.

FACTUAL AND PROCEDURAL BACKGROUND

The facts underlying the parties' dispute...

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