Filed 12/7/05 Yaselli v. Cal. Ins. Guarantee Assn. CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a judgment of the Superior Court of Los Angeles County, Charles W. McCoy, Judge. Affirmed.

Law offices of Steven L. Zelig and Steven L. Zelig for Plaintiffs and Appellants.

Black, Compean & Hall, Jacqueline L. Shulman and Frederick G. Hall for Defendant and Respondent.

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Code of Civil Procedure[1] section 340.9 revived certain previously time-barred insurance claims from the January 17, 1994 Northridge earthquake. At issue is whether the underlying claim is revived under section 340.9. Because the pleading regarding the subject property was not timely filed, we find no revival and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

At the time of the 1994 Northridge earthquake, plaintiffs and appellants Helen Yaselli, Sarah Goldberger and the Goldberger Family Trust (the Yasellis) owned two apartment complexes. The Yasellis claim the first property, located at 333 S. Doheny, Beverly Hills (the Doheny property), was insured by Civil Service Insurance Company (CSE). They claim the second property, located at 1253 Westgate, Los Angeles (the Westgate property), was insured by LMI Insurance Company (LMI). Both properties sustained damage in the Northridge earthquake.

In 1994, the Yasellis contacted their insurance agent, Matthew Fuller and the Fuller Insurance Agency (Fuller). They claim Fuller advised them that the damage sustained would not exceed their deductible and it would be unwise to pursue any claims. Therefore, no claims were filed with the insurers.

In May 2000, LMI, an Ohio corporation, became insolvent and was liquidated by order of the Ohio Court of Common Pleas. As a result, by operation of law, defendant and respondent CIGA stepped in to adjust losses and defend claims under LMI's policy provisions for California's insureds. (§ 1063.2, subd. (a).)

On January 1, 2001, section 340.9 became effective and revived certain previously time-barred insurance claims from the 1994 Northridge earthquake. To be eligible, an insured must have contacted the insurer or its representative about potential damage from the Northridge earthquake prior to January 1, 2000. Further, the insured was required to commence any action under section 340.9 within one year of the statute's effective date. (§ 340.9.)

The Yasellis asked Fuller to confirm their 1994 conversation in which they believed he effectively â€