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20TH CENTURY INS. CO. v. SUPERIOR COURT

No. B147464.

109 Cal.Rptr.2d 611 (2001)

90 Cal.App.4th 1247

20TH CENTURY INSURANCE COMPANY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent. Linda P. Ahles, Real Party In Interest.

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

Rehearing Denied August 20, 2001.

Review Denied October 17, 2001.

Attorney(s) appearing for the Case

Horvitz & Levy, Lisa J. Perrochet and David S. Ettinger, Encino; Even, Crandall, Wade, Lowe & Gates, James L. Crandall and Michael J. McGuire, Irvine, for Petitioner.

No appearance for Respondent.

Dale E. Washington, Long Beach, for Real Party in Interest.

Shernoff, Bidart, & Darras, William M. Shernoff, Michael J. Bidart, Claremont, and Jeffrey Isaac Ehrlich for Consumer Attorneys of California, United Policyholders, Consumer Federation of California, Congress of California Seniors, Foundation for Taxpayer and Consumer Rights, and California Public Interest Research Group as Amicus Curiae on behalf of Real Party in Interest Linda Ahles.

Quisenberry & Kabateck, Brian S. Kabateck, Suzanne Havens Beckman and Heather M. Mason, Los Angeles, for Consumer Attorneys of California, United Policyholders, Consumer Federation of California, Congress of California Seniors, Foundation for Taxpayer and Consumer Rights, and California Public Interest Research Group as Amicus Curiae on behalf of Real Party in Interest Linda Ahles.

CROSKEY, J.

The petitioner, 20th Century Insurance Company, seeks a writ of mandate directing the trial court to vacate and set aside an order granting the motion of the real party in interest, Linda P. Ahles, to reconsider an earlier order sustaining a demurrer to Ahles' complaint without leave to amend.1

Ahles had filed a complaint against 20th Century for breach of a contract of insurance, tortious breach of the implied covenant...

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