Class Action

Court of Appeal reissues its opinion in Troyk v. Farmers Group, Inc.

By Kimberly A. Kralowec

In December 2008, the Court of Appeal (Fourth Appellate District, Division One) handed down its original opinion in Troyk v. Farmers Group, Inc., 168 Cal.App.4th 1337 (2008) (see this blog post).  Then, in January 2009, the court granted rehearing pursuant to the parties' joint request "to facilitate settlement," and the opinion became uncitable (see this blog post). 

Last week, the court reissued what appears, on quick review, to be an identical opinion, Troyk v. Farmers Group, Inc., ___ Cal.App.4th ___ (Mar. 10, 2009).  Simultaneously, the court issued the following order (according to the docket):

The Notice of Settlement and Stipulation Regarding Dismissal of Appeal have been received and reviewed by the Court. The Stipulation for Dismissal of Appeal is denied. The Court exercises its discretion to proceed with its opinion because of the broad public interest in the matter and the likelihood of the issues to recur. "[A] reviewing court has inherent discretion to resolve issues of continuing public interest even though these issues may have become moot in the particular case before it." (DuBarry Internat., Inc. v. Southwest Forest Industries, Inc. (1991) 231 Cal.App.3d 552, 556, fn. 2.)

I will try to write up more thoughts on the newly-issued Troyk opinion in a later post. 

Full post as published by The UCL Practitioner on March 18, 2009 (boomark / email).