Universal Underwriters Ins. Co. v. Superior Court

Universal Underwriters Ins. Co. v. Superior Court (1967) 250 Cal. App. 2d 722, dealt with the appropriate contents of the parties' joint pretrial statement, including "matters agreed or admitted to." ( Id. at p. 726.) As then in effect, rule 216 of the California Rules of Court provided, "When filed, the pretrial conference order becomes a part of the record in the case and, where inconsistent with the pleadings, controls the subsequent course of the case unless modified at or before trial to prevent manifest injustice." ( Universal Underwriters, supra, 250 Cal. App. 2d at p. 727.) In that insurance coverage action, it was undisputed that defendant Universal would be relieved of liability if a certain endorsement were enforced. Universal admitted in interrogatories that there had been no valuable consideration given for the endorsement, but later sought to amend the joint pretrial statement to place the adequacy of consideration at issue. (Ibid.) The trial court denied the defendant's motion to amend the pretrial statement because the plaintiff had relied to its detriment on the defendant's discovery response. The Court of Appeal found no abuse of discretion. ( Id. at p. 732.)