O’Balle v. Fireman’s Fund Ins. Co. CA1/2
This is one of 19 appeals brought in this appellate district that arise from Fireman’s Fund Insurance Company (Fireman’s Fund) successfully obtaining relief from default judgments against its insured, Associated Insulation of California, Inc. (Associated), in asbestos personal injury cases. All 19 appeals involve the same superior court judge, but each has its own record. In this particular case, Fireman’s Fund sought relief from a default judgment more than a year after it was entered, calling upon the trial court to exercise its equitable power in circumstances of extrinsic mistake. The issue before us is whether the trial court abused its discretion in ordering relief in this case. In light of the unusual procedural posture of this matter, we vacate the order and remand the matter for the trial court to provide a clearer explanation of its ruling.
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