Judge: John J. Kralik, Case: 23BBCP00095, Date: 2023-05-26 Tentative Ruling

Case Number: 23BBCP00095    Hearing Date: May 26, 2023    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

Ashley garcia,

                        Petitioner,

            v.

 

liberty mutual insurance company,

 

                        Respondent.

 

  Case No.:  23BBCP00095

 

  Hearing Date:  May 26, 2023

 

 [TENTATIVE] order RE:

petition to open superior Court file for purpose of establishing superior Court jurisdiction over uninsured motorist arbitration matters

 

On April 17, 2023, Petitioner Ashley Garcia (“Petitioner”) filed a petition, requesting that the Court open an uninsured motorist case so that this Court may resolve matters relative to this action pending the arbitration pursuant to California Insurance Code, § 11580.2(f). 

“[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)].)

Petitioner’s petition to open an uninsured motorist case is placed off-calendar as moot, as this case has already been assigned a case number and is active for the purpose of allowing Petitioner to file discovery motions against Respondent during the pendency of the arbitration. Petitioner may proceed with the filing of discovery motions under this case number.

The Court sets a Status Conference re: Arbitration for December 13, 2023 at 8:30 a.m.

Petitioner shall provide notice of this order.