Judge: John J. Kralik, Case: 23BBCP00244, Date: 2024-01-12 Tentative Ruling
Case Number: 23BBCP00244 Hearing Date: January 12, 2024 Dept: NCB
North
Central District
|
in
the matter of the arbitration between: united
financial casualty company, Petitioner, v. Victor kamarzar, Respondent. |
Case No.: 23BBCP00244 Hearing Date: January 12, 2024 [TENTATIVE]
order RE: petition to open superior
Court file for purpose of establishing superior Court jurisdiction over
uninsured motorist arbitration matters |
On November 7, 2023, Petitioner United
Financial Casualty Company (“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).
“[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 granted. 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.
Petitioner shall provide
notice of this order.
DATED:
January 12, 2024 ___________________________
John
Kralik
Judge
of the Superior Court