Port LA Distribution Center v. United National Ins. Co.
On appeal from the judgment, Port LA Distribution Center, L.P. and Port LA Distribution Center II, L.P. (collectively, Port LA) challenges: (1) the order granting summary adjudication on its complaint in favor of United National Insurance Company, Inc. (UNIC); (2) the order granting judgment on the pleadings; and (3) the order denying, as untimely, its motion for production of documents.
Port LA also appeals from these postjudgment orders: (1) the order granting UNIC’s motion to strike Port LA’s cost memorandum; and (2) the order denying Port LA’s motion to strike UNIC’s cost memorandum.
In its appeal from the judgment, UNIC challenges: (1) the order granting Port LA summary judgment on UNIC’s cross-complaint; (2) the order granting Port LA’s motion for summary adjudication on UNIC’s rescission defense to the complaint; (3) the order denying as moot UNIC’s motion for summary judgment on its cross-complaint; and (4) the order granting Port LA’s summary adjudication motion as to UNIC’s duty to defend under the subject insurance policy.
We have read and considered the supplemental briefing of the parties on three issues originally not raised or briefed but requested by the court. The first issue pertains to an apparent inconsistency in the judgment. The remaining issues concern the appropriate review procedure for review of the trial court’s discovery ruling and in what particulars, if any, Port LA sustained prejudice from the lack of a ruling on the merits of its discovery motion. We shall address these issues, post.
Based on our review of the record and applicable law, we affirm both the judgment and the postjudgment orders in their entirety.
Comments on Port LA Distribution Center v. United National Ins. Co.