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JONATHAN NEIL & ASSOCIATES, INC. v. JONES

Nos. F029400, F030300.

119 Cal.Rptr.2d 660 (2002)

98 Cal.App.4th 434

JONATHAN NEIL & ASSOCIATES, INC., Plaintiff and Appellant, v. Freddie JONES, Defendant, Cross-Complainant and Appellant; Mildred Jones et al., Cross-Complainants and Appellants. Cal-Eagle Insurance Company, Cross-Defendant and Appellant; Johnsey Insurance Company, Cross-Defendant and Respondent.

Court of Appeals of California, Fifth District.

Rehearing Denied May 31, 2002.

Review Granted August 14, 2002.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson, Richard A. Brown and E. Randol Schoenberg; Greines, Martin, Stein & Richland, Irving H. Greines, Robin Meadow, Beverly Hills, Tyna Thall Orren, Pasadena, and Peter 0. Israel, Beverly Hills, for Plaintiff and Appellant and Cross-defendant and Appellant.

McCormick, Barstow, Sheppard, Wayte & Carruth, James P. Wagoner, Fresno, and Wendy S. Loyd, for Defendant, Cross-complainant and Appellant Freddie Jones and Cross-complainants and Appellants Mildred Jones and Fred Jones Trucking, Inc.

Emerson, Corey & Barsotti, Fresno, for Cross-defendant and Respondent.

Certified for Partial Publication*

OPINION

VARTABEDIAN, Acting P.J.

This appeal and cross-appeal follow a judgment in favor of a trucking company and its owners, and against the company's assigned-risk liability insurer. We find the facts do not support a tort cause of action for breach of the duty of good faith and fair dealing and that the trial court erred when it failed to stay proceedings while the parties...

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