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Mahnke v. Sup. Ct., No. B216110

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By FindLaw Staff on December 22, 2009 10:27 AM

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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Appellate Information

Filed December 21, 2009

Judges

Opinion by Judge Perluss

Counsel
For Appellant:   Shane, DiGiuseppe & Rodgers and Stephen A. DiGiuseppe

For Appellee:   Millard, Holweger, Child & Marton, Bradley P. Childers

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