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FAIRBANKS v. SUPERIOR COURT OF LOS ANGELES COUNTY

No. S157001.

46 Cal.4th 56 (2009)

___ Cal.Rptr.3d ___

___ P.3d ___

PAULINE FAIRBANKS et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; FARMERS NEW WORLD LIFE INSURANCE CO. et al., Real Parties in Interest.

Supreme Court of California.

April 20, 2009.

Attorney(s) appearing for the Case

Law Office of Robert S. Gerstein, Robert S. Gerstein; Marks Law Firm, Scott A. Marks; Sheller Law Firm, David L. Sheller; Girardi Keese and John A. Girardi for Petitioners.

Amy Bach; Law Offices of Kim E. Card and Kim E. Card for United Policyholders as Amicus Curiae on behalf of Petitioners.

Stuart Law Firm, Antony E. Stuart and E. Glenn Anaiscourt for Consumer Attorneys of California as Amicus Curiae on behalf of Petitioners.

Harvey Rosenfield, Pamela Pressley and Todd M. Foreman for Consumer Watchdog as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Fulbright & Jaworski, Richard R. Mainland, Peter H. Mason, Joshua D. Lichtman and Eric A. Herzog for Real Parties in Interest.

Horvitz & Levy, Mitchell C. Tilner and Robert H. Wright for American Council of Life Insurers, American Insurance Association, Association of California Insurance Companies, Association of California Life and Health Insurance Companies, Pacific Association of Domestic Insurance Companies and Personal Insurance Federation of California as Amici Curiae on behalf of Real Parties in Interest.

OPINION

KENNARD, J.—

Enacted in 1970, the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.) prohibits specified unfair and deceptive acts and practices in a "transaction intended to result or which results in the sale or lease of goods or services to any consumer" (id., § 1770, subd. (a)). The question we decide here is whether life insurance is a "service" subject to the act's remedial provisions. We conclude...

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