Judge: James A. Mangione, Case: 37-2020-00018420-CU-PO-CTL, Date: 2024-06-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 20, 2024

06/21/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2020-00018420-CU-PO-CTL CORREIA VS M & F FISHING INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Assuranceforeningen Skuld (Gjensidig) ('Skuld Norway'), Skuld Mutual Protection and Indemnity Association (Bermuda) LTD. ('Skuld Bermuda'), and SKULD North America, Inc.'s ('Skuld America') Motion to Quash is granted in part and denied in part.

Skuld America Skuld America appears to be an adjusting entity and will not need to be served with summons and cross-complaint until further notice by M&F Fishing, Inc. ('MF') following discovery. (ROA 207, pg. 1, fn.

1.) As there appears to be no dispute that Skuld America was not properly served, the motion to quash is be granted as to it.

Skuld Norway and Skuld Bermuda Skuld Norway and Skuld Bermuda are, undisputedly, nonadmitted alien insurers. As such, they have appointed 'the commissioner and his successor or successors in office to be its true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contracts of insurance, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this State upon such insurer.' (Ins. Code, § 1610.) Therefore, per Section 1610, MF may serve their cross-complaint against Skuld Norway and Skuld Bermuda upon the California Insurance Commissioner ('Commissioner') as their statutory agent. Pursuant to Insurance Code § 12931, service is effectuated if (1) the plaintiff serves two copies (and an associated fee) of the complaint and summons on the commissioner, who (2) 'shall promptly mail one of the copies' to defendant, (3) plaintiff provides notice of service and a copy of the documents to defendant by mail within 10 days and (4) receipt of the copy by defendant or its agent and an affidavit of compliance from plaintiff are filed with the Court. (Ins. Code §§ 12931(a), (c), (d).) Here, MF submitted an affidavit alleging compliance with § 12931 and providing Commissioner's notices, international registered mail receipts, and US mail certified return receipts for delivery of those notices. (ROA 182, ¶¶ 6-9, Exs. B-E.) The Court finds that the Hague Convention is not implicated in this case. '[I]f formal service of process is required under the law of the sending forum, international transmission of service documents must comply with the Convention.' (Rockefeller Technology Investments (Asia) VII v. Changzhou SinoType Technology Co., Ltd. (2020) 9 Cal.5th 125, 138.) According to Article 1 of the Hague Convention, 'the present Convention shall apply in all cases, in civil or commercial matters, where there is occasion to transmit a judicial or extrajudicial document for service abroad'. (Convention Done at the Hague November 15, 1965; (Feb. 10, 1969) T.I.A.S. No. 6638.) Although not binding, the Court finds Daewoo Motor America, Inc. v. Dongbu Fire Ins. Co., Ltd. (C.D. Cal. 2001) 289 F.Supp.2d 1127, persuasive. As Calendar No.: Event ID:  TENTATIVE RULINGS

3065072  8 CASE NUMBER: CASE TITLE:  CORREIA VS M & F FISHING INC [IMAGED]  37-2020-00018420-CU-PO-CTL in that case, Skuld Norway and Skuld Bermuda are subject to the California Insurance Code, which sets out a special procedure for service on nonadmitted alien insurers through a statutorily-authorized appointment of the California Insurance Commissioner as their agent for service of process. Therefore, there is no 'occasion' to transmit the judicial documents abroad, and the Hague Convention is not triggered. Finally, the Court finds that, pursuant to California Rules of Court 3.110(e), MF's compliance with the service requirements of Insurance Code §§ 1610-11 and 12931 constitutes compliance with the local and state rules.

-- Defendants' Motion to Dismiss or Stay proceedings is granted in part.

The Court finds it appropriate to stay the instant motion, and proceedings as to the cross-complaint, pending resolution of MF's motion to set aside the default judgment currently being adjudicated in the Federal District Court for the District of Nevada. Therefore, this motion is ordered off calendar.

The parties are instructed to provide notice to this Court within five (5) days of the Nevada District Court's ruling and schedule an ex parte to address the impact of that ruling on the instant case.

A status conference is set for November 15, 2024 at 9:45 a.m.

All requests for judicial notice are granted.

The minute order is the order of the Court.

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