Judge: Kevin C. Brazile, Case: 24STCP02625, Date: 2024-10-15 Tentative Ruling

Case Number: 24STCP02625    Hearing Date: October 15, 2024    Dept: 20

Tentative Ruling

Judge Kevin C. Brazile

Hearing Date:                         Tuesday, October 15, 2024

Case Name:                             Blue Hill Specialty Insurance Company v. Benitez

Case No.:                                24STCP02626

Motion:                                  Petition re Establishing Jurisdiction

Moving Party:                         Petitioner Blue Hill Specialty Insurance Company

Responding Party:                  Unopposed

Notice:                                    OK

Ruling:                                    The Petition re Establishing Jurisdiction is GRANTED.

Petitioner to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear in person.

BACKGROUND

            On August 16, 2024, Petitioner Blue Hill Specialty Insurance Company (“Blue Hill” or “Petitioner”) filed a Petition to Open a Superior Court File for the Purpose of Establishing Superior Court Jurisdiction over Underinsured Motorist Arbitration pursuant to Insurance Code Section 11580.2, subdivision (f).

            On August 27, 2024, the Court set a hearing on the Petition for today’s date, October 15, 2024.

            On September 11, 2024, Petitioner provided Notice of the Hearing to Respondent Jose Benitez, Jr. (“Respondent”).

            On October 2, 2024,  Petitioner filed the instant Brief re Legal Authority for Establishing Superior Court Jurisdiction over Petition. The Petition and Brief are unopposed.

DISCUSSION

Applicable Law

            Pursuant the California Insurance Code Section 11580.2, subdivision (f): “The policy or an endorsement added thereto shall provide that the determination as to whether the insured shall be legally entitled to recover damages, and if so entitled, the amount thereof, shall be made by agreement between the insured and the insurer or, in the event of disagreement, by arbitration…Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure shall be applicable to these determinations, and all rights, remedies, obligations, liabilities and procedures set forth in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure shall be available to both the insured and the insurer at any time after the accident, both before and after the commencement of arbitration, if any, with the following limitations: [¶](1) Whenever in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, reference is made to the court in which the action is pending, or provision is made for application to the court or obtaining leave of court or approval by the court, the court that shall have jurisdiction for the purposes of this section shall be the superior court of the State of California, in and for any county that is a proper county for the filing of a suit for bodily injury arising out of the accident, against the uninsured motorist, or any county specified in the policy or an endorsement added thereto as a proper county for arbitration or action thereon.” (Cal. Ins. Code, § 11580.2, subd. (f)(1) (emphasis added).)

            “[T]he contractual arbitration statute, giving an arbitrator the statutory power to exercise remedies under the Civil Discovery Act, must be reconciled, if possible, with the uninsured motorist law, which not only makes the Civil Discovery Act applicable, but expressly requires that whenever the Civil Discovery Act makes reference to a court, the court that has jurisdiction shall be the superior court. We may harmonize these conflicting provisions by reading the discovery provisions governing uninsured motorist arbitrations as an exception to the discovery provisions governing contractual arbitrations generally.” (Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 924; see also Briggs v. Resolution Remedies (2008) 168 Cal.App.4th 1395, 1401, fn. 6, stating “We recognize that Insurance Code section 11580.2, subdivision (f) commits discovery disputes in uninsured motorist arbitrations to the superior court.”)

Application to Facts

            Petitioner Blue Hill Specialty Insurance Company (hereinafter “Petitioner”) moves for an order establishing jurisdiction and opening a Superior Court file, secure a case number, and conduct discovery in the underinsured motorist arbitration between Petitioner and Respondent Jose Benitez, Jr. (“Respondent”).

            Here, Petitioner contends it is involved in a pending arbitration proceeding with Respondent  pursuant to the underinsured motorist provisions of Respondent’s insurance policy with Petitioner. Although the coverage at issue is an underinsured motorist, “uninsured and underinsured motorist coverage shall be offered as a single coverage” under California Insurance Code Section 11580.2, subdivision (n). Furthermore, the case and statutory law supports the Superior Court having jurisdiction over discovery disputes in underinsured motorist arbitration. Lastly, Respondent had notice of the Petition through his purported counsel and has not opposed the present Petition.

CONCLUSION

            The Petition to Open a Superior Court File for the Purpose of Establishing Superior Court Jurisdiction over Underinsured Motorist Arbitration is GRANTED.

            Petitioner Blue Hill Specialty Insurance Company to give notice.

            If counsel do not submit on the tentative, they are strongly encouraged to appear in person.