California Writs and Appeals Attorney
Ehrlich Law Firm wins affirmance of bad-faith claim against insurer who refused to defend its insured in $11-million bad-faith claim
In May 2002, Darrel Prindle murdered his ex-wife, Jessica, and shot her sister and her sister’s children. The survivors filed a lawsuit against Jessica’s estate for negligently failing to warn them of Darrel’s prior threats and dangerous behavior. Jessica’s homeowner’s insurer, Travelers, refused to defend the estate in the lawsuit, and refused to settle it for the $100,000 policy limits. The estate later settled with the plaintiffs, who obtained a judgment against it in excess of $7 million, and then assigned its rights to the plaintiffs. The plaintiffs then sued Travelers on the assigned claims. Travelers sought summary judgment arguing that the plaintiffs’ bad-faith claim was defective because they had failed to file a timely claim against Jessica’s estate.
In a published decision, the Court of Appeal affirmed the trial court’s denial of the summary judgment motion, holding that Travelers was estopped to assert the failure to file a timely probate claim, by virtue of its refusal to defend. In re: Estate of Prindle, 173 Cal.App.4th 119 (3d Dist. 2009). The Ehrlich Law Firm then successfully opposed Travelers’ petition for review in the California Supreme Court.
Los Angeles County Civil Appeals Attorney
Few attorneys can match Mr. Ehrlich’s appellate experience. His skill is in analyzing complex legal and factual issues, and presenting them to the court in a clear, persuasive manner. We can help plaintiff’s attorneys with any appellate matter in either the state or the federal appellate courts.
We can defend favorable verdicts and attack unfavorable ones. We can draft writ petitions to seek appellate review of a devastating — but unappealable — trial court ruling, or respond to petitions filed by an opponent. We are experienced in seeking reversals in cases where the defendant has prevailed on summary judgment.
Our legal services for attorneys include:
- Federal and State Appeals
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People need lawyers because the law is complex. Busy plaintiffs’ lawyers need our help for this same reason. We can help you sort out the legal obstacles you must overcome in order to win your case, and prepare a powerful opposition to the following motions:
- Motions under Daubert and Kuhmo Tires to exclude expert testimony;
- Motions in limine;
- Post-trial motions, such as motions for new trial, or JNOV;
- Motions to compel arbitration; and
- Where an insurer has refused to defend its policyholder in litigation brought by a third party;
- Motions to quash for lack of personal jurisdiction
We can also prepare affirmative motions that can increase your chances to prevail, such as motions for summary-adjudication of issues; motions in limine, or motions to remand cases removed from state court to federal court.
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