California Supreme Court Watch

#24-100 Brooklyn Restaurants, Inc. v. Sentinel Ins. Co., Ltd., S284887. (D081132; 100 Cal.App.5th 1036; San Diego County Superior Court; 37-2020-00024865-CU-ICCTL.) Petition for review after the Court of Appeal reversed the judgment in a civil action and remanded with directions. The court ordered briefing deferred pending decision in John’s Grill, Inc. v. The Hartford Financial Services Group, Inc., S278481 (#23-58), which presents the following issues: (1) Is a grant of coverage for property loss or damage to covered property caused by a virus rendered illusory where it is limited by a condition that makes coverage applicable only if the virus is the result of one or more of a number of listed causes? (2) Is a conditional grant of coverage for property loss or damage to covered property caused by a virus, including the cost of removal of the virus, triggered by cleaning surfaces in the covered property that are contaminated by the virus in the absence of physical alteration of the property?

Petition for review granted; briefing deferred: 6/12/2024

Transferred to CA 4/1 after hold: 9/18/2024

“The above-captioned matter is transferred to the Court of Appeal, Fourth Appellate District, Division One, with directions to vacate its decision and reconsider the cause in light of John’s Grill, Inc. v. The Hartford Financial Services Group, Inc. (2024) 16 Cal.5th 1003. (Cal. Rules of Court, rule 8.528(d).) As explained in Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21, and California Rules of Court, rule 8.1115(e)(3), corresponding comment, paragraph 3, the opinion is hereby rendered either ‘depublished’ or ‘not citable.'”

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.

See the Court of Appeal Opinion.