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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Filed December 30, 2009
Opinion by Judge Mallano
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
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