Judge: Mark C. Kim, Case: 22LBCP00319, Date: 2022-10-27 Tentative Ruling

Case Number: 22LBCP00319    Hearing Date: October 27, 2022    Dept: S27

Claimant, Kelly Hutchinson propounded special interrogatories, form interrogatories, RFAs, and RPDs on Respondent, Allergan W.C. Holdings, Inc. on 6/17/22.  To date, despite multiple meet and confer attempts, Respondent has not served responses.  Claimant therefore seeks an order deeming the RFAs admitted, compelling Respondent to respond, without objections, to the outstanding discovery and to pay sanctions.

Discovery procedures available to the parties in uninsured motorist cases are basically the same as those available in California civil litigation. Ins.C. § 11580.2(f).  Jurisdiction to resolve discovery disputes (including the issuance of any orders to compel discovery) is vested in the superior court (a) in the proper county for the filing of a lawsuit against the uninsured motorist for bodily injury arising from the accident or (b) in any county specified in the policy as a proper county for arbitration or action on the policy.  See Ins.C. § 11580.2(f)(1), (2); Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 921-926.  The party seeking court assistance in connection with a discovery dispute need not file and serve on the other party a formal complaint. An "application to commence discovery" coupled, e.g., with a motion to compel compliance, may be filed with the court and, where the party against whom discovery is sought is represented by counsel, served upon counsel (per CCP § 1015; see CCP § 1012--service on counsel by mail).  Id. at 927-928.  The court's power to resolve discovery disputes and issue appropriate orders includes the power to impose discovery sanctions. Id. at 928-929.  The superior court has exclusive jurisdiction to hear and rule on discovery matters arising in a UM arbitration. The arbitrator has no such power. Id. at 924-926.

In light of the above, and because Claimant properly served the motions on Respondent by mail-serving its attorney, Claimant’s motions to compel are granted.  Respondent is ordered to serve verified responses to special interrogatories, form interrogatories, and RPDs, without objections, within ten days.  CCP §§2030.290(a),(b), 2031.300(a),(b).  Claimant’s motion to deem RFAs admitted is also granted.  §2033.280(b).

Claimant seeks sanctions in connection with the motions.  Sanctions are mandatory.  §§2030.290(c), 2031.300(c), 2033.280(c).  Claimant seeks sanctions in the amount of $1161.65/motion, which represents one hour to prepare each motion, one hour to prepare a reply and attend the hearing, and filing fees.  Claimant’s attorney bills at the rate of $550/hour.  The Court awards the requested one hour to prepare each motion.  The Court also award the requested one hour of appearance time, but only awards the time once.  The Court therefore awards a total of four hours of attorney time at the rate of $550/hour, or $2200 in attorneys’ fees.  The Court also awards three filing fees of $61.65 each, or $184.95 in costs.  Total sanctions are in the amount of $2384.95. 

Sanctions are sought and imposed against Respondent only and not against its attorney of record.  Respondent is ordered to pay sanctions in the total amount of $2394.95 to Claimant, by and through counsel of record, within twenty days.

The Court notes that Claimant’s petition is a limited purpose petition for the purpose of obtaining discovery responses, and that the petition need not be served per the above authority.  The Court therefore vacates the 11/15/22 OSC re: proof of service.  The Court also vacates the 1/23/23 Case Management Conference.  The Court will leave the petition open in the event further discovery orders become necessary, and sets an OSC re: status of arbirtation for 8/28/23 at 8:30 a.m. in Department S27. 

Claimant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.