Ass'n of California Ins. Co. v. Poizner, No. B208402

In plaintiff-Association of California Insurance Companies' lawsuit disputing the validity of the 2006 amendments to regulations permitting consumer interest interveners to obtain compensation for participation in the administrative rate-setting process where an order or decision is issued by the Commissioner on an insurer's rate-setting application without a formal rate hearing is affirmed where: 1) plaintiffs have failed to establish that the amended regulations are inconsistent with the governing statutes, and the trial court properly rendered a judgment denying their petition for a peremptory writ of mandate; and 2) plaintiffs fail to show that the trial court erred in awarding Foundation for Taxpayer and Consumer Rights compensation payable by them. 

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Appellate Information

Filed December 30, 2009

Judges

Opinion by Judge Mallano

Counsel
For Appellant:   Horvitz & Levy, David M. Axelrad, Mitchell C. Tilner; Barger & Wolen, Robert W. Hogeboom, Suh Choi and Michael A. S. Newman

For Appellee:   Edmund G. Brown, Jr., Attorney General, W. Dean Freeman and Felix E. Leatherwood, Supervising Deputy Attorneys General, Diane Spencer Shaw and Christine Zarifian, Deputy Attorneys General