Judge: John J. Kralik, Case: 24NNCP00481, Date: 2024-10-11 Tentative Ruling
Case Number: 24NNCP00481 Hearing Date: October 11, 2024 Dept: NCB
North
Central District
|
araz
asaduriyan, et al., Petitioners, v. metromile
insurance company,
Respondent. |
Case No.: 24NNCP00481 Hearing Date: October 11, 2024 [TENTATIVE]
order RE: petition to open superior
Court file for purpose of establishing superior Court jurisdiction over
uninsured motorist arbitration matter |
On August 21, 2024, Petitioners Araz
Asaduriyan, Vahagn Asaduriyan, Nairi Asaduriyan, and Avetis Asaduriyan, (“Petitioners”)
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)].)
Petitioners’ petition to open an uninsured
motorist case is granted. This case has
already been assigned a case number and is active for the purpose of allowing Petitioners
to file discovery motions against Respondent Metromile Insurance Company during
the pendency of the arbitration. Petitioners
may proceed with the filing of discovery motions under this case number.
Petitioners shall provide
notice of this order.
DATED:
October 11, 2024 ___________________________
John
Kralik
Judge
of the Superior Court