Oral argument preview: Zhang v. Superior Court

Today at 1:00 p.m. in San Francisco, the Supreme Court will hear oral argument in Zhang v. Superior Court (Cal. Cap. Ins.), no. S178542:

• Issues: (1) Can an insured bring a cause of action against its insurer under the unfair competition law (Bus. & Prof. Code, § 17200) based on allegations that the insurer misrepresents and falsely advertises that it will promptly and properly pay covered claims when it has no intention of doing so? (2) Does Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287 bar such an action?
• Court of Appeal Opinion:Zhang v. Superior Court (Cal. Cap. Ins. Co.), 178 Cal.App.4th 1081 (Oct. 29, 2009.

For more on the case, see this blog post.  The opinion will be due in ninety days, or by August 6, 2013.

It appears that the Supreme Court sees the issues raised in this case as somewhat related to those presented in in Rose v. Bank of America, no. S199074, which was argued yesterday.  In Rose, review was granted in March 2012, barely a year ago.  Zhang, on the other hand, has been pending since February 2010.  It could be coincidence, but I think there must be a reason for the setting on adjacent days.  The issues appear to be substantively related, as I explained here.

Unfortunately, the press of business has prevented me from attending either of the arguments.  If you attended yesterday (or are planning to attend today) and would like your report to appear here, please drop me a line. 

Comments

[Chris]

Please keep us posted! I'm very interested to see where the Supreme Court is going with these cases.

[Kimberly A. Kralowec]

Hi Chris, I have not received any reports on either argument yet, but today's Daily Journal has an article on Zhang. It says that the justices' questions appeared to favor the plaintiffs.