Judge: Kerry Bensinger, Case: 22STCV27410, Date: 2023-02-17 Tentative Ruling

Case Number: 22STCV27410    Hearing Date: February 17, 2023    Dept: 27

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.       INTRODUCTION

          On August 23, 2022 Petitioner Mercury Insurance Company (“Petitioner”) filed a Petition pursuant to California Insurance Code section 11580.2(f) to commence and enforce discovery in connection with an uninsured motorist bodily injury claim that was presented by Respondent Mohamad Motamedi-Rad (“Respondent”).

Petitioner now moves to compel Armani Chiropractic (“Armani”) to comply with a subpoena issued to take the deposition of Armani’s custodian of records, and to obtain Defendant’s medical records.

Neither Respondent or Armani Chiropractic opposed the motion.

II.      LEGAL STANDARDS

Insurance Code section 11580.2(f) specifically makes the civil discovery statute applicable to the arbitration of uninsured motorist cases. (American Home Assurance Co. v. Benowitz (1991) 234 Cal.App.3d 192, 201, fn. 3.) Section 11580.2(f)(1) gives courts jurisdiction to resolve discovery disputes in connection with uninsured motorist arbitrations. (Miranda v. 21st Century Ins. Co., (2004) 117 Cal. App. 4th 913, 922 [“[section 11580.2(f)(1)] would have no meaning whatever had the Legislature intended, as urged by plaintiff, to preclude the superior court from exercising jurisdiction to resolve discovery disputes in connection with uninsured motorist arbitrations.”].)

III.     DISCUSSION

This motion was previously continued for Petitioner to provide supplemental briefing on jurisdiction and service issues.  Petitioner has cured the defects previously identified in the Court’s tentative from January 31, 2023.  Petitioner points out that Respondent demanded arbitration on August 28, 2020 (Exhibit A to Petitioner’s Supplemental Memorandum of points and Authorities (“Memo”): Respondent participated in discovery (Exhibit E to Petitioner’s original Motion to Compel); and Petitioner personally served the motion to compel on Ella D. Custodian of Records for Armani Chiropractic on February 2, 2022 (Exhibit B to Petitioner’s Memo.)

          Petitioner properly cites to Miranda v. 21st Century Ins. Co. (2008) 117 Cal.App.4th 913.  “Requiring service of a discovery motion in the same manner as a summons, on the very party who initiated the arbitration, who had participated throughout the proceeding by representation of counsel, and while the arbitration proceeding is still pending, would serve no useful or legitimate purpose. (Civ.Code, § 3532 [“The law neither does nor requires idle acts”].)” (Id. at p. 928.)

IV.     CONCLUSION

Accordingly, the Motion to Compel is granted. 

Armani Chiropratic is ordered to comply with the deposition subpoena and production of records within 30 days of notice of this ruling. 

Given the problems with the proof of service, the request for sanctions is denied.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 17th day of February 2023