Legal Opinion
Shernoff v. Superior Court
California Court of Appeal
Decided January 10, 1975No. Civ. 44439PublishedCited by 26 opinions
1Opinion of the Court
Opinion
FLEMING, Acting P. J.—
Petitioners, plaintiffs in a class action for damages against numerous California title insurers on allegations of a conspiracy to fix title insurance rates, seek a writ of mandate to compel the superior court to dissolve a stay of proceedings issued in April 1973 several months after the filing of the complaint.
The superior court premised its stay on a theory of primary jurisdiction, a theory which assumed that for reasons of comity the Insurance Commissioner should, be given the first opportunity to act on the rate-fixing allegations. Simultaneously with the…
2Cases cited3 opinions
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Greenberg v. Equitable Life Assurance Society of United StatesCalifornia Court of Appeal · 1973
- E. B. Ackerman Importing Co. v. City of Los AngelesCalifornia Supreme Court · 1964
3Cited by26 opinions
- Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
- Farmers Insurance Exchange v. Superior CourtCalifornia Supreme Court · 1992
- Royal Globe Insurance v. Superior CourtCalifornia Supreme Court · 1979
- Manufacturers Life Insurance v. Superior CourtCalifornia Supreme Court · 1995
- Homestead Supplies, Inc. v. Executive Life InsuranceCalifornia Court of Appeal · 1978
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