IDS Property Casualty Insurance Company, Plaintiff, v. Hamid Mishkan, et al., Defendants.
Case No.: BC621786
Hearing Date: May 26, 2017
[TENTATIVE] order RE:
Motion to stay Plaintiff’s Action for Declaratory Relief
BACKGROUND
This is an action for declaratory relief arising out of an insurance policy (“Policy”) issued by Plaintiff IDS Property Casualty Insurance Company (“IDS”) to Defendant Ramin Sarshad (“Sarshad”). As set forth in the complaint, Defendants Quintero Townhouses, Inc. (“Quintero”), Hamid Mishkan, and Evleen Mishkan (“the Mishkans”) filed an action on January 5, 2017 against Sarshad for malicious prosecution (“Underlying Action”) of an action brought by Sarshad against Defendants (“Construction Action”). IDS contends that the Policy does not cover the Malicious Prosecution Action. IDS seeks declaratory judgment declaring that IDS has no obligation to indemnify or defend Sarshad for any judgment that may be entered in the Malicious Prosecution Action.
DISCUSSION
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Hearing Date
May 26, 2017
Type
Fraud (no contract) (General Jurisdiction)
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IDS Property Casualty Insurance Company, Plaintiff, v. Hamid Mishkan, et al., Defendants.
Case No.: BC621786
Hearing Date: May 26, 2017
[TENTATIVE] order RE:
Motion to stay Plaintiff’s Action for Declaratory Relief
BACKGROUND
This is an action for declaratory relief arising out of an insurance policy (“Policy”) issued by Plaintiff IDS Property Casualty Insurance Company (“IDS”) to Defendant Ramin Sarshad (“Sarshad”). As set forth in the complaint, Defendants Quintero Townhouses, Inc. (“Quintero”), Hamid Mishkan, and Evleen Mishkan (“the Mishkans”) filed an action on January 5, 2017 against Sarshad for malicious prosecution (“Underlying Action”) of an action brought by Sarshad against Defendants (“Construction Action”). IDS contends that the Policy does not cover the Malicious Prosecution Action. IDS seeks declaratory judgment declaring that IDS has no obligation to indemnify or defend Sarshad for any judgment that may be entered in the Malicious Prosecution Action.
DISCUSSION
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