Elliano v. Assurance Co. of America
California Court of Appeal
1Opinion of the Court
Opinion
COLE, J. *
Plaintiff George Elliano’s home, insured against fire perils by the defendant Assurance Company of America, was totally destroyed by fire on October 9, 1958. After a somewhat extended period of unsuccessful negotiations to settle the amount of the loss, Elliano filed suit on May 11, 1961. Judgment went against him, only to be reversed on appeal (Elliano v. Assurance Co. of America (1970) 3 Cal.App.3d 446 [83 Cal.Rptr. 509]). The remittur was filed in the trial court following the decision on that appeal on March 16, 1970.
On March 13, 1973, Elliano filed a notice of motion set…
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