1861.10. Â
(a)Â At the hearing a writ of possession shall issue if all of the following are found:
(1)Â The plaintiff has established the probable validity of his claim to possession of the property of the tenant, boarder, or lodger.
(2)Â That the property which is described within the application for the writ is located on the premises of the motel, hotel, boardinghouse or lodginghouse.
(3)Â The plaintiff has provided an
undertaking as required by Section 1861.21.
(b)Â No writ directing the levying officer to enter any premises to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that such property is located there.
The Commissioner responds that his regulations governing the procedure for fee awards implements Insurance Code section 1861.10, not section 1861.08. See also CW Resp. Br. [ROA # 108] at 27, citing Ass'n of Cal. Ins. Cos. v. Poizner (2009) 180 Cal.App.4th 1029, 1047 (noting that section 1861.10(b) is the only provision in Prop. 103 that addresses compensation). The Commissioner's argument is compelling. The case on which State Farm attempts to rely, Economic Empowerment Found. v.
STATE FARM GENERAL INSURANCE COMPANY VS. RICARDO LARA IN HIS OFFICIAL CAPACITY AS THE INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA
37-2017-00027239-CU-WM-CTL
Aug 04, 2023
San Diego County, CA
Insurance Code section 1861.10(b) requires the Insurance Commissioner or a court to award "reasonable advocacy and witness fees and expenses to any person who demonstrates that (1) the person represents the interests of consumers, and, (2) that he or she has made a substantial contribution to the adoption of any order, regulation, or decision by the commissioner or a court." On June 22, 2017, the Commissioner awarded CW $1,928,469.51 in fees for its work in the Rate Proceeding.
STATE FARM GENERAL INSURANCE COMPANY VS. RICARDO LARA IN HIS OFFICIAL CAPACITY AS THE INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA
37-2017-00027239-CU-WM-CTL
May 16, 2019
San Diego County, CA
Administrative
Writ
CW now seeks $687,544.78 in fees and expenses incurred in this action under subdivision (b) of Insurance Code section 1861.10, which requires the Court to award reasonable attorneys' fees and expenses "to any person who demonstrates that (1) the person represents the interests of consumers, and, (2) that he or she has made a substantial contribution to the adoption of any order, regulation, or decision by the commissioner or a court." The Motion is Timely State Farm argues that the motion is untimely.
STATE FARM GENERAL INSURANCE COMPANY VS ADMINISTRATIVE HEARING BUREAU OF THE CALIFORNIA DEPARTMENT OF INSURANCE
37-2016-00041750-CU-MC-CTL
Feb 20, 2020
San Diego County, CA
Other
Intellectual Property
Section 1861.9.
Section 1861.12.
15 pages
1 URE US ne at San Francisco Superior Courts Information Technology Group Document Scanning Lead Sheet Apr-24-2008 11:27 am Case Number: CPF-08-508251 Filing Date: Apr-24-2008 11:25 Juke Box: 001 Image: 02101085 COMPLAINT IN INTERVENTION ALLSTATE INSURANCE COMPANY et al VS. STEVE POIZNER 001002101085 Instructions: Please place this sheet on top of the document to be scanned.ODD M, FOREMAN (SBN 229536) CONSUMER WATCHDOG 1750 Ocean Park Boulevard, Suite 200 Santa Monica, California 90405…
Apr 11, 2008
San Francisco County, CA
Apr 24, 2008
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(No Case Name Available)
11 pages
2 1 Todd A. Jones (Bar No. 198024) Gregory K. Federico (Bar No. 242184) ARCHER NORRIS A Professional Law Corporation r^-g^-i 3 655 University Avenue, Suite 225 Sacramento, California 95825-6747 AUG 28 2009 4 Telephone: 916.646.2480 Facsimile: 916.646.5696 B 5 L …
Sep 24, 2007
Sacramento County, CA
Aug 28, 2009
Unlimited Civil
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