Warwick California Corp. v. Applied Underwriters, Inc.
Annotate this CaseSix companies affiliated with Warwick Hotels sued companies affiliated with Applied Underwriters, claiming breach of contract and fraud and unfair business practices relating to the purchase of workers’ compensation insurance. Applied moved to stay the action under Code of Civil Procedure 418.10; the parties’ agreement required that claims relating to the agreement be filed in Nebraska, where Applied was incorporated. Applied argued that Warwick’s workers’ compensation program involved employees in New York, Colorado, Texas, and California, and that “[t]he California portion ... was . . . by far the smallest component, representing only 5 percent of the total payroll at issue.” The court stayed the action as to all plaintiffs except two Warwick companies that are incorporated in California. A subsequent statement of decision (SOD) stated: "this trial was limited to Warwick’s California entities only, and the trial determined that damages cannot be ‘allocated or apportioned between California and non-California Warwick entities.’ Because both sides failed to prove the essential element of damages, their arguments on other elements of contract breach need not be reached.” The court of appeal dismissed an appeal. The SOD is not a judgment or an appealable order. The court indicated that judgment cannot be entered until other issues are decided in their proper forum. Once that happens, the stay can be lifted, a final judgment can be entered, and the parties can appeal.
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