California ex rel. Gov. Employees Ins. Co. v. Cruz
Annotate this CaseGovernment Employees Insurance Company, GEICO General Insurance Company, GEICO Casualty Company, and GEICO Indemnity Company (collectively, GEICO), as relator, brought a qui tam action asserting statutory and common law claims for damages and civil penalties against Dr. Janice Cruz (and others) arising from her alleged involvement in an insurance fraud conspiracy. The trial court granted Cruz's motion to bind GEICO to certain interrogatory responses, then granted her summary judgment motion on the basis those responses established GEICO was unable to prove its case against Cruz. On appeal, GEICO argued the trial court erred by: (1) binding GEICO to its earlier interrogatory responses; (2) excluding additional evidence offered in opposition to the summary judgment motion; and (3) granting summary judgment on its statutory claim. The Court of Appeal concluded the trial court erred in binding GEICO to its interrogatory responses, and further, found multiple instances of issues of triable facts that should not have been disposed of through summary judgment. The Court accordingly reversed the trial court and remanded the case for further proceedings.
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