Judge: Frank M. Tavelman, Case: 23BBCP00047, Date: 2023-03-24 Tentative Ruling

Case Number: 23BBCP00047    Hearing Date: March 24, 2023    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

PETITION TO OPEN SUPERIOR COURT FILE

On February 21, 2023, American Family Connect Property Casualty Insurance Co. (“Petitioner”) filed a petition requesting the Court open an underinsured motorist discovery case so a motion to compel discovery responses may be filed pursuant to the authority conferred by California Insurance Code, § 11580.2(f)(1). 

“[T]he uninsured motorist law grants the superior court the exclusive jurisdiction to hear discovery matters arising under uninsured motorist arbitrations. Invested with the exclusive power to rule, and because the uninsured motorist statute makes available ‘all rights, remedies, obligations, liabilities and procedures set forth in [the Civil Discovery Act]’ [citations omitted].” (Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 926 [citing Ins. Code, § 11580(f)].)

The Court grants the petition. Petitioner may proceed with the filing of discovery motions under case number to be provided by the Clerk of the Court.

The Court sets a Status Conference re: Arbitration for June 22, 2023 at 9:00 a.m.

Petitioner shall provide notice of this order. 

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

American Family Connect Property Casualty Insurance Co.’s Petition to Open a Superior Court File came on regularly for hearing on March 24, 2023, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE PETITION IS GRANTED. 

PETITIONER TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE:  March 24, 2023                            _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles