03/22/2005 - Order Enjoining Service on Fremont Indemnity Company or Insurance Commissioner of Third Party Subpoenas In Matters Pending Before California Workers' Compensation Appeals Board Or Equivalent Boards and Agencies In Other States
ATTENTION ALL PROCESS SERVERS
AND OTHERS ATTEMPTING TO
SERVE LEGAL DOCUMENTS
RELATED TO FREMONT INDEMNITY COMPANY
Please be advised that on March 22, 2005, Los Angeles County Superior Court Judge Wendell Mortimer issued an Order in the matter entitled Insurance Commissioner of the State of California v. Fremont Indemnity Company, Case No. BS083582, an "Order Enjoining Service on Fremont Indemnity Company or Insurance Commissioner of Third Party Subpoenas in Matters Pending Before California Workers Compensation Appeals Board or Equivalent Boards and Agencies in Other States," which provides in pertinent part:
All persons are enjoined from serving subpoenas on Fremont or the Insurance Commissioner in matters unrelated to claims covered by insurance policies issued by Fremont Indemnity Company pending before the California Workers Compensation Appeals Board and other equivalent boards and agencies in other states, except on order from the Court obtained after reasonable notice to the Insurance Commissioner.
All persons seeking relief from the injunction from the court must demonstrate that a good faith effort has been made to obtain the requested records and information from other sources, and that such records and information are not available from other sources.
What this means:
If you are attempting to serve a subpoena on Fremont Indemnity Company, or the Insurance Commissioner, for claim records where Fremont is not a party to the claim being actively litigated, your subpoena will not be accepted. This process does not prejudice a third parties' ability to file an Application in Department 307-CCW of the Los Angeles County Superior Court for relief from the order. Such Application must demonstrate good cause to include a showing that the information and/or documents being sought from the Liquidator of Fremont Indemnity Company are not available from any other sources. Copies of the Application must be served on counsel for the Liquidator: Raymond B. Jue, Deputy Attorney General California Department of Justice, Office of the Attorney General, 300 South Spring Street, Suite 1702, Los Angeles, California, 90013, telephone 213-897-2480.
If you are serving process on Fremont Indemnity Company as a party to any litigation matter, the agent for service is Scott Pearce, 425 Market Street, San Francisco, California, 94105, telephone 415-676-5000.
A "scanned" copy of the original court document is available in PDF format (see above PDF icon link). In compliance with the American Disability Act, an alternate version is available below, in HTML format, suitable for text browsers and screen readers. While this HTML version was produced using OCR (Optical Character Recognition) software, then manually edited and verified, no responsibility is assumed for any error, omission, or inaccuracy. Please contact webmaster@caclo.org to report any errors or accessibility problems. For a true copy of the court document, please refer to the PDF version.
BILL LOCKYER
Attorney General of the State of California
W. DEAN FREEMAN
Lead Supervising Deputy Attorney General
MARK P. RICHELSON,
Supervising Deputy Attorney General
RAYMOND B. JUE, SBN 61656
Deputy Attorney General
300 South Spring Street, Room 1702
Los Angeles, California 90013
Telephone: (213) 897-2480
Fax: (213) 897-5775
Attorneys for Applicant
Insurance Commissioner of the State of California,
as Liquidator of Fremont Indemnity Company
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES - CENTRAL CIVIL WEST
INSURANCE COMMISSIONER OF THE
STATE OF CALIFORNIA,
Applicant,
v.
FREMONT INDEMNITY COMPANY,
Respondent.
Case No.: BS083582
[Assigned for All Purposes to
the Honorable Wendell Mortimer, Jr.]
ORDER ENJOINING
SERVICE ON FREMONT INDEMNITY
COMPANY OR INSURANCE
COMMISSIONER OF THIRD PARTY
SUBPOENAS IN MATTERS PENDING
BEFORE CALIFORNIA WORKERS'
COMPENSATION APPEALS BOARD
OR EQUIVALENT BOARDS AND
PREMONT INDEMNITY COMPANY,
AGENCIES IN OTHER STATES
Date:
March 22, 2005
Time:
8:30 a.m.
Dept.:
307 - Central Civil West
Judge:
Hon. Wendell Mortimer, Jr.
The Renewed Application of the Insurance Commissioner of the State of California as Liquidator of Fremont Indemnity Company for Order Enjoining Service on Fremont Indemnity Company or Insurance Commissioner of Third Party Subpoenas in Matters Pending Before California Workers' Compensation Appeals Board and Equivalent Boards and Agencies in Other States came on for hearing on March 22, 2005, at 8:30 a.m. in Department 307 of the Los Angeles County Superior Court, Central Civil West Courthouse, the Honorable Wendell Mortimer, Jr., presiding.
The Court, having read and considered the Application, and all documents, evidence and arguments presented to it, and good cause appearing,
IT IS HEREBY ORDERED that:
The Application is granted;
All persons are enjoined from serving subpoenas on Fremont or the Insurance Commissioner in matters unrelated to claims covered by insurance policies issued by Fremont Indemnity Company pending before the California Workers' Compensation Appeals Board and equivalent boards and agencies in other states, except upon order from the Court obtained after reasonable notice to the Insurance Commissioner;
All persons seeking relief from the injunction from the Court must demonstrate that a good faith effort has been made to obtain the requested records and information from other sources, and that such records and information are not available from other sources; and
The Insurance Commissioner is authorized to take any and all actions necessary to accomplish the purposes of this Order.
