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21ST CENTURY INS. CO. v. SUPERIOR COURT

No. B179503.

26 Cal.Rptr.3d 476 (2005)

127 Cal.App.4th 1351

21ST CENTURY INSURANCE COMPANY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; James Schwartz et al., Real Parties in Interest.

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

Review Denied June 22, 2005.

Attorney(s) appearing for the Case

Barger & Wolen, Kent R. Keller, Larry M. Golub, Michael A. S. Newman, Los Angeles; Delmer, Armstrong & Roland, Michael Wade and John W. Myers IV, Long Beach, for Petitioner.

Horvitz & Levy, Lisa Perrochet, Jeremy B. Rosen, Gina McCoy, Encino, for Association of California Insurance Companies and American Insurance Association as Amicus Curiae on behalf of Petitioner.

Reed Smith, James C. Martin, Lorenzo E. Gasparetti, Los Angeles, and Jayne E. Fleming, Oakland, for Truck Insurance Exchange, Farmers Insurance Exchange, Fire Insurance Exchange and Mid-Century Insurance as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, David S. Chaney, Senior Assistant Attorney General, Randall P. Borcherding, and Anne Michelle Burr, Deputy Attorneys General, for John Garamendi, Insurance Commissioner of the State of California as Amicus Curiae on behalf of Respondent.

Law Offices of Bernie Bernheim, Bernie Bernheim, North Hollywood, Joshua H. Haffner, Marina Del Rey; Parisi & Havens, David C. Parisi, North Hollywood, Suzanne Havens Beckman; Law Offices of Steven L. Zelig, and Steven L. Zelig, Los Angeles, for Real Parties in Interest.

CROSKEY, J.

In 2000, in response to charges of rampant mishandling of insurance claims arising out of the Northridge earthquake of 1994, the Legislature enacted Code of Civil Procedure section 340.9 (section 340.9), which revived certain previously time-barred insurance claims. In 20th Century Ins. Co. v. Superior Court (2001) 90 Cal.App.4th 1247, 109 Cal.Rptr.2d 611

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