State Compensation Fund v. Superior Court
Petitioner State Compensation Insurance Fund (the Fund) sued real party in interest, Onvoi Business Solutions, Inc. (Onvoi) in superior court to collect unpaid premiums the Fund claimed were owed for workers compensation insurance policies issued to Onvoi. The Funds original complaint included a cause of action for fraud. Asserting that the three-year limitations period in Code of Civil Procedure section 338, subdivision (d) barred the fraud claim, Onvoi moved for summary adjudication of that cause of action. The Fund later filed a first amended complaint (FAC) that included expanded fraud allegations. The FAC alleged Onvoi was engaged in an ongoing conspiracy to defraud the Fund by concealing information that the Fund needed to calculate the correct premium. Onvoi did not file an amended motion in response to the FAC, and it did not re-notice its original motion. In opposing Onvois motion, the Fund argued it had been mooted by the FAC.
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