Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Fairmont Insurance Co. v. Superior Court

California Supreme Court
991 P.2d 156 (2000)


Ken Stendell (plaintiff) sued Fairmont Insurance Company (Fairmont) (defendant). The parties agreed to bifurcate the trial and try some of Fairmont’s defenses first. The trial court found that the defenses applied and ruled for Fairmont. Stendell appealed. The Court of Appeal reversed and remanded the case for a trial on the merits. On remand, Stendell served discovery requests on Fairmont for the first time. Fairmont objected, asserting that the discovery requests were untimely. The California Code of Civil Procedure sets a deadline for discovery that is based on “the date initially set” for trial. Fairmont argued that this deadline should be measured using the initial date of the first trial, meaning the deadline was long gone. Stendell filed a motion to compel responses to the new discovery. The trial court granted the motion, ruling that the discovery deadline is reset if a new trial is granted after an appeal. Fairmont appealed, and the Court of Appeal reversed. Using the dictionary definition of “initially,” the Court of Appeal held that the statute’s reference to the date initially set for the trial meant the date of the first trial, even if a new trial was granted. Stendell petitioned the California Supreme Court for review.

Rule of Law


Holding and Reasoning (Mosk, J.)

Dissent (Kennard, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial