Katie Osumi Enterprises v. Ins. Commissioner

Filed 8/10/06 Katie Osumi Enterprises v. Ins. Commissioner CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

KATIE OSUMI ENTERPRISES, INC.,

Petitioner,

THE INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA,

Respondent;

THE WORKERS' COMPENSATION INSURANCE RATING BUREAU OF CALIFORNIA,

Real Party in Interest.

G035714

(Super. Ct. No. 04CC07874)

O P I N I O N

Appeal from a judgment of the Superior Court of Orange County, Gregory Munoz, Judge. Affirmed.

Cohen, Eagan, Leonard & Parker and Arthur Jarvis Cohen for Petitioner.

Bill Lockyer, Attorney General, W. Dean Freeman and Lisa W. Chao, Deputy Attorneys General for Respondent.

Law Office of John N. Frye and John N. Frye for Real Party in Interest.

* * *

The Insurance Commissioner (the Commissioner) summarily denied Katie Osumi Enterprises, Inc.'s (KOEI) appeal of its workers' compensation insurance rating. KOEI then petitioned the superior court for a writ of mandate directing the Commissioner to grant KOEI an evidentiary hearing. Concluding the Commissioner did not abuse its discretion in finding KOEI's appeal untimely, the court denied the petition. KOEI appeals the judgment. We affirm.

FACTS

The Workers' Compensation Insurance Rating Bureau (the Bureau), a nonprofit rating organization licensed by the Commissioner, provides rating information for workers' compensation insurance and inspects insured employers for rate purposes. With the Commissioner's approval (Ins. Code, § 11734, subd. (a)),[1] the Bureau publishes the California Workers' Compensation Experience Rating Plan -- 1995 (the Rating Plan), Cal. Code Regs., tit. 10, § 2353.1, governing â€

Description	The Insurance Commissioner (the Commissioner) summarily denied Petitioner's appeal of its workers' compensation insurance rating. Petitioner then petitioned the superior court for a writ of mandate directing the Commissioner to grant petitioner an evidentiary hearing. Concluding the Commissioner did not abuse its discretion in finding Petitioner's appeal untimely, the court denied the petition. Petitioner appeals the judgment. Court affirms.
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