Zevallos v. Cal. Fair Plan Assn.
Plaintiff appeals a summary judgment in favor of defendant, an insurer, which provided earthquake insurance. Plaintiff sued CFPA to obtain proceeds for the damage allegedly resulting from the earthquake.
The trial court ruled that the doctrine of judicial admission barred plaintiff from presenting evidence to raise a triable issue of material fact that she was the named insured on the CFPA policy at issue. The trial court concluded that because plaintiff could not raise a triable issue of material fact that she was the named insured, plaintiff did not have standing to seek recovery under the policy. The trial court also ruled that plaintiff was not a third party beneficiary of the insurance policy.
Alternatively, the trial court granted CFPA’s motion for summary adjudication as to all of plaintiff’s non-contract based causes of action pursuant to Code of Civil Procedure section 340.9, quoted below, which revived certain “insurance claim for damages,” arising from the earthquake, which were otherwise barred by applicable statutes of limitation.
Court reversed in part, affirmed in part and remanded the case to the trial court. Court reversed the grant of summary judgment in favor of CFPA. Court concluded that the doctrine of judicial admission did not apply to bar plaintiff from presenting evidence that she was the named insured.
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