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| Case Name | S.C.I.F. v. Superior Court of San Francisco | |
|---|---|---|
| Date | 02/23/2010 | |
| Note | A first amended complaint which raises new factual issues with respect to the statute of limitations defense, is subject to summary adjudication only if the facts are susceptible to only one legitimate inference. | |
| Citation | A125834 | |
| WCC Citation | WCC 36012010 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE STATE COMPENSATION INSURANCE FUND, Petitioner v. THE SUPERIOR COURT OF SAN FRANCISCO COUNTY, Respondent; ONVOI BUSINESS SOLUTIONS, INC. , Real Party in Interest. The superior court granted Onvoi's motion, ruling that there was undisputed evidence that the Fund was on notice of the alleged fraud more than three years prior to the filing of this action. The Fund contends the superior court erred by granting a motion for summary adjudication directed to a superseded pleading, and it seeks a peremptory writ of mandate compelling the superior court to set aside its order. Respondent superior court heard Onvoi's motion for summary adjudication on June 23, 2009. Two days after the superior court announced its ruling, Onvoi filed its answer to the Fund's amended complaint.
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