Mahnke v. Sup. Ct., No. B216110
In proceedings arising from the loss of insureds' home from a fire, insureds' petition for writ of mandate challenging a trial court's grant of the California FAIR Plan Association's (CFPA) motion to disqualify a party appraiser selected by insureds is granted and the order of the trial court vacated where: 1) party-selected appraisers may be disqualified when a substantial business relationship exists between the appraiser and a party; and 2) the disclosed relationship between the appraiser and the insureds' counsel does not warrant his disqualification.
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Filed December 21, 2009
Opinion by Judge Perluss
For Appellant: Shane, DiGiuseppe & Rodgers and Stephen A. DiGiuseppe
For Appellee: Millard, Holweger, Child & Marton, Bradley P. Childers
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