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United States Court Cases

California Supreme Court Record

CALIFORNIA DREDGING v. INSURANCE COMPANY OF NORTH AMERICA Division SF

Parties and Attorneys

CALIFORNIA DREDGING v. INSURANCE COMPANY OF NORTH AMERICA
Division SF
Case Number S035492
Party Attorney
California Dredging Company : Appellant
Mark L. Musto
Goldstein & Phillips
One Embarcadero Center
Eighth Floor
San Francisco, CA 94111

Reliance Insurance Company : Appellant
Mark L. Musto
Goldstein & Phillips
One Embarcadero Center
Eighth Floor
San Francisco, CA 94111

Insurance Company Of North America : Respondent
Martin Samuel Checov
O'Melveny & Myers
Embarcadero Center West
275 Battery Street
San Francisco, CA 94111-3305

Aida Moukalled : Respondent
Darian Bojeaux
9107 Wilshire Boulevard
Penthouse
Beverly Hills, CA 90210



Case Summary

Supreme Court Case:
S035492
Court of Appeal Case(s):
First Appellate District, Div. 5
A057201
Case Caption:
CALIFORNIA DREDGING v. INSURANCE COMPANY OF NORTH AMERICA
Case Category:
Review - Civil Appeal
Start Date:
10/12/1993
Case Status:
case closed
Issues:
Petition for review after the Court of Appeal affirmed a judgment of dismissal of a civil action. This case presents an issue concerning the litigation privilege (Civil Code, ยง 47(b)) which is related to an issue before the court in Heller v. Norcal Mutual Ins. Co., S034539
Disposition Date:
03/15/1995
Case Citation:
none
NOTE: The statement of the issues is intended simply to inform the public and the press of the general subject matter of the case. The description set out above does not necessarily reflect the view of the court, or define the specific issues that will be addressed by the court.
Cross Referenced Cases:
S034539
HELLER v. NORCAL MUTUAL INSURANCE


Docket (Register of Actions)

CALIFORNIA DREDGING v. INSURANCE COMPANY OF NORTH AMERICA
Division SF
Case Number S035492
Date Description Notes
10/12/1993 Petition for review filed By Counsel for Applt, California Dredging Company, in San Francisco. Record requested.
10/13/1993 Received: C/A Record-one Folder, one Expando & Loose briefs
10/29/1993 Request for depublication (petition for review pending) by Darian Bojuaux
11/01/1993 Answer to petition for review filed Respondent Insurance Company of North America
11/15/1993 Received letter from: Counsel for Resp Ins Co of no am
11/17/1993 Received letter from: Goldstein & Phillips in response to 11/15 Ltr from O'Melveny & Meyers
11/19/1993 Time extended to grant or deny review to 1-10-94
12/02/1993 Review Granted/briefing deferred (per Rule 29.3) Votes: Lucas C.J., Mosk, Panelli, Kennard, Arabian, Baxter & George JJ.
12/06/1993 Briefing ordered in previously Held case Appellant is directed to serve & file a brief on the merits on or before January 5, 1994.
Additional briefing is to be served & filed in a timely fashion.
12/29/1993 Application for Extension of Time filed To file Applts' Opening brief on the merits To 2-19-94 (45 Days) (Tct)
01/10/1994 Extension of time granted Opening Br/merits to 2-18-94 Appellants Calif Dredging Company & Reliance Insurance Company
02/04/1994 Received application to file Amicus Curiae Brief From Aida Moukalled in support of Aplts.
02/09/1994 Telephone conversation with: Aty Bojeaux for Amicus Moukalled -- Amicus Applica Tion returned (Rule 14) At Her request
02/18/1994 Application for Extension of Time filed Applts California Dredging Company to file Opening brief on the merits - asking to 3/7/94
02/23/1994 Extension of time granted Appellants' Opening brief/merits to 3-7-94
03/08/1994 Opening brief on the merits filed Appellant's Opening [Rule 40-N]
03/10/1994 Received: Errata sheet Re Opening brief (Applt) Tct
04/06/1994 Answer brief on the merits filed Respondent Insurance Company of North America
04/14/1994 Received: Appendix to answer/Br merits Respondent Insurance Company of North America
04/22/1994 Application for Extension of Time filed Reply Br/merits to 5-6-94 Appellants Calif Dredging Co & Reliance Ins Co
04/26/1994 Extension of time granted Reply Br/merits to 5-6-94 Appellants Calif Dredging Co & Reliance Ins Co
05/06/1994 Application for Extension of Time filed Appellants' reply brief/merits (asking to 5/11/94) (Perm Gtd, Order Being Prep)
05/10/1994 Extension of time granted Appellants' reply brief/merits to 5-11-94
05/11/1994 Motion filed (in non-AA proceeding) Motion by counsel for appellants to strike portions of respondent's answer brief on the merits
05/12/1994 Reply brief filed (case fully briefed) by counsel for appellants California Dredging Company & Reliance Insurance Company (Rule 40n)
05/16/1994 Received: Errata to Applts' reply brief filed 5/12.
05/26/1994 Opposition filed To Mtn To strike Portions of answer brief on the merits, by Counsel for Resp., Insurance Company of North America.
06/01/1994 Received letter from: Resp Insurance Co of North America
06/03/1994 Filed: Aplts' (Cal Dredging) reply to answer to motion to strike brief
10/27/1994 Dismissed as improvidently granted, Rule 29,4 (C) Cause is remanded to CA 1/5;
Kennard & Arabian, JJ., are of the opinion review should not be dismissed.
02/05/1995 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
02/06/1995 Petition for review filed By Counsel for Aplts
02/08/1995 Received: DCA Record: A057201 - 1 Manila Folder (Orders, letters & Misc), Separate briefs & Transcripts
02/27/1995 Answer to petition for review filed By Counsel for Resp Ins Co of no America
03/15/1995 Petition for review denied


Briefs

CALIFORNIA DREDGING v. INSURANCE COMPANY OF NORTH AMERICA
Division SF
Case Number S035492
Brief Date Filed Party and Attorney Notes
Opening brief on the merits filed 03/08/1994 Appellant's Opening [Rule 40-N]
Answer brief on the merits filed 04/06/1994 Respondent Insurance Company of North America
Reply brief filed (case fully briefed) 05/12/1994 by counsel for appellants California Dredging Company & Reliance Insurance Company (Rule 40n)


Disposition

CALIFORNIA DREDGING v. INSURANCE COMPANY OF NORTH AMERICA
Division SF
Case Number S035492
Only the following dispositions are displayed below: Orders Denying Petitions, Orders Granting Rehearing and Opinions. Go to the Docket Entries screen for information regarding orders granting review.
Case Citation:
none
Date Description
10/27/1994 Dismissed as Improvidently Granted
03/15/1995 Petition for review denied


Lower Court

CALIFORNIA DREDGING v. INSURANCE COMPANY OF NORTH AMERICA
Division SF
Case Number S035492
Court of Appeal District/Division:
First Appellate District , Div. 5
Court of Appeal Case Number:
A057201
Disposition:
Affirmed in full
Disposition Date:
08/31/1993
Click the above Court of Appeal Case Number link for further information.
Trial Court:
San Francisco County Superior Court - Main
Trial Court Case Number:
883128