Judge: Holly J. Fujie, Case: 23STCP02122, Date: 2023-09-11 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 23STCP02122    Hearing Date: September 11, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Petitioner

The Court has reviewed the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

This matter arises out of an uninsured motorist arbitration.  On June 15, 2023, Petitioner filed a petition (the “Petition”) to establish the Court’s jurisdiction over an uninsured motorist arbitration for purposes of enforcing discovery pursuant to Insurance Code section 11580.2, subdivision (f). 

On June 29, 2023, Petitioner filed: (1) a motion to compel responses to Special Interrogatories, Set One (the “SPROG Motion”); and (2) a motion to compel responses to Requests for Production, Set One (the “RFP Motion”) (collectively, the “Motions”).  The Motions additionally seek monetary sanctions against Respondent Monica Gutierrez (“Respondent”) based on her failure to timely provide discovery responses.

DISCUSSION

The uninsured motorist law grants the superior court the exclusive jurisdiction to hear discovery matters arising under uninsured motorist arbitrations.  (Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 926.)

            Under CCP section 2030.290, subdivision (b), when a party directs interrogatories towards a party and that party fails to serve a timely response, the party propounding the interrogatories may move for an order compelling response to the interrogatories.  (CCP § 2030.290, subd. (b).)  The moving party need only show that the interrogatories were served on the opposing party, the time has expired to respond to the interrogatories and no responses have been served in order for the court to compel the opposing party to respond.  (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 906.) 

Where there has been no timely response to a demand for inspection, copying, testing or sampling, the demanding party may seek an order compelling a response.  (CCP § 2031.300, subd. (b).)  Failure to timely respond waives all objections, including privilege and work product.  (CCP § 2031.300, subd. (a).)