Judge: Cherol J. Nellon, Case: 23STCP04387, Date: 2024-08-01 Tentative Ruling

Case Number: 23STCP04387    Hearing Date: August 1, 2024    Dept: 14

#4

Case Background

This is a petition to open superior court file for the purpose of establishing superior court jurisdiction over an underinsured motorist arbitration matter.

Instant Pleading

Petitioner Blue Hill Specialty Insurance Company moves to open a superior court file for this underinsured motorist arbitration matter.

Decision

Blue Hill’s petition is GRANTED.

Legal Standard

The Insurance Code adopts the Civil Discovery Act in its entirety and “grants the superior court the¿exclusive¿jurisdiction to hear discovery matters arising under uninsured motorist arbitrations.”¿ (Miranda v. 21st Century Ins. Co. (2008) 117 Cal.App.4th 913, 926.)¿ Leave of the court is required to commence discovery within 20 days of the accident.¿ (Ins. Code, § 11580.2(f)(3), (6).)¿ Otherwise, discovery between insurer and insured may proceed without regard to when the arbitration is initiated and there is no requirement that either have entered a “formal appearance” in the proceeding.¿ (Workman v. Superior Court¿(1986) 176 Cal.App.3d 493, 500.)¿ Filing and service of complaint is not necessary.¿ An “application to commence discovery” coupled with a motion to compel discovery may be filed with the court and, where the party against whom discovery is sought is represented by counsel, served upon counsel.¿ (Miranda,¿supra, 117 Cal.App.4th at pp. 927-928.)¿ 

Discussion

This petition arises from Respondent Narbe Alaverdi’s insurance policy, which contains underinsured motorist provisions. The petition was properly served on Respondent via electronic service pursuant to an agreement of the parties. Because the superior court has exclusive jurisdiction to hear discovery matters arising under underinsured motorist arbitrations, Petitioner’s petition to open a superior court file for this matter is granted. Petitioner may proceed with the filing of discovery motions in this matter.