CONSTRUCTION PROTECTIVE SERVICES, INC., Plaintiff and Appellant,
v.
TIG SPECIALTY INSURANCE COMPANY, Defendant and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
November 14, 2002.
As Modified November 14, 2002.
Attorney(s) appearing for the Case
Superior Court, Los Angeles County; Michael B. Rutberg, Temporary Judge.*
Devirian & Shinmoto and Donald B. Devirian, Los Angeles, for Plaintiff and Appellant.
Selman Breitman, Alan B. Yuter and Rachel E. Hobbs, Los Angeles, for Defendant and Respondent.
Wiley, Rein & Fielding; Laura A. Foggan, John C. Yang, Alexander K. Sun; Sinnot, Dito, Moura & Puebla, Randolph P. Sinnott, Los Angeles, Randy M. Marmor, Oakland, for Insurance Environmental Litigation Association as Amicus Curiae on behalf of Defendant and Respondent.
Horvitz & Levy, Mitchell C. Tilner, Encino, and Karen Bray for Fire Insurance Exchange, Farmers Insurance Exchange, Truck Insurance Exchange and Mid Century Insurance as Amici Curiae on behalf of Defendant and Respondent.
Hancock Rothert & Bunshoft, W. Andrew Miller, William J. Baron and Kathryn C. Ashton, San Francisco, for London Market Insurers as Amicus Curiae on behalf of Defendant and Respondent.
Supreme Court of California.
BROWN, J.
Code of Civil Procedure1 section 431.70 provides in pertinent part: "Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is thereafter commenced by one such person, the other person may assert in the answer the defense of payment in that the two demands are compensated so far as they equal each other, notwithstanding that an...
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