Judge: Holly J. Fujie, Case: 24STCV27076, Date: 2025-02-10 Tentative Ruling

Case Number: 24STCV27076    Hearing Date: February 10, 2025    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY:  Petitioner United Financial Casualty Company (“Petitioner”)

RESPONDING PARTY: None

            The Court has considered the moving papers. No opposition or reply has been filed.

BACKGROUND

             On October 16, 2024, Petitioner petitioned the Court to assign a case number for the purpose of enforcing discovery in an uninsured motorist arbitration proceeding pursuant to Insurance Code section 11580.2 subdivision (f).  

            On November 26, 2024, Petitioner filed the instant motion to compel deposition (the “Motion”). The Motion is unopposed.           

DISCUSSION

            In general, “‘an arbitration has a life of its own outside the judicial system.’” (Briggs v. Resolution Remedies¿(2008) 168 Cal.App.4th 1395, 1401.)  However, “Insurance Code section 11580.2, subdivision (f) commits discovery disputes in uninsured motorist arbitrations to the superior court.”  (Id. fn. 6.)  This section provides that “Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure shall be applicable to these determinations, and all rights, remedies, obligations, liabilities and procedures set forth in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure shall be available to both the insured and the insurer at any time after the accident, both before and after the commencement of arbitration[.]”  (Ins. Code, § 11580.2 subd. (f).)  “Importantly, the statute then adopts the California Civil Discovery Act in its entirety.”  (Miranda v. 21st Century Ins. Co.¿(2004) 117 Cal.App.4th 913, 920.) In these types of arbitrations, depositions may be taken as permitted in any ordinary court action without obtaining prior approval of the arbitrator. (Id. at p. 923.)  The superior court has exclusive jurisdiction to hear discovery matters arising under uninsured and underinsured motorist arbitrations. (Id. at pp. 920, fn. 6, 926.)  

If, [1] after service of a deposition notice, [2] a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Code of Civil Procedure (“CCP”) section 2025.230, [3] without having served a valid objection under section 2025.410, [4] fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, [5] the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (CCP § 2025.450, subd. (a) [Arabic numerals added for clarity].) 

The motion shall also be accompanied by a meet and confer declaration under section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. (CCP § 2025.450, subd. (b)(2).) 

Petitioner noticed the deposition of Respondent Yasi Vafai (“Respondent”) on July 9, 2024. (Mot., Ex. A.) Petitioner states that Respondent failed to appear. Petitioner’s declaration does not show that the parties met and conferred or that Petitioner contacted the Respondent to inquire about the nonappearance. (Mullen Decl.; Mot., Ex. B; CCP § 2025.450, subd. (b)(2).)  Thus, the Motion is DENIED, without prejudice.

Request for Sanctions

If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (CCP § 2025.450, subd. (g)(1).) 

As the Motion has not been granted, the request for sanctions is DENIED.

            The Motion is DENIED, without prejudice.  

Moving Party is ordered to give notice of this ruling.           

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 10th day of February 2025