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She said in evaluating claims the plan relies on “recent case law, guidance by the California Department of Insurance and our policy form.”

Jesic agreed, saying case law did not require a district attorney to address “insight” in such a petition and that could not serve as the basis for withdrawal.

The brothers’ lawyers, led by Mark Geragos and Cliff Gardner, paint Hochman’s action as motivated by politics, not legal reasoning, as case law requires.

While the law was not a “precise match” to historical weapons restrictions, “it does not need to be,” Graber wrote, citing previous case law.

“There's there's a lot of case law that backs up the facts he doesn't have the authority to do that,” Berardi told Salon.