Judge: John J. Kralik, Case: 23BBCP00167, Date: 2023-08-25 Tentative Ruling

Case Number: 23BBCP00167    Hearing Date: August 25, 2023    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

sarkis s. froyan,

                        Petitioner,

            v.

 

essentia insurance company,

 

                        Respondent.

 

  Case No.:  23BBCP00167

 

  Hearing Date:  August 25, 2023

 

 [TENTATIVE] order RE:

petition to case number (uninsured motorist arbitration proceeidng)

 

On July 13, 2023, Petitioner Sarkis S. Froyan (“Petitioner”) filed a petition, requesting that the Court open an underinsured motorist case so that this Court may resolve matters relative to this action pending the arbitration pursuant to California Insurance Code, § 11580.2(f).  Petitioner seeks a case number for the purpose of proceeding with a motion to compel Respondent’s verified responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents.

“[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 granted.  The case has 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.

Petitioner shall provide notice of this order.