Judge: Mark H. Epstein, Case: 23SMCV02691, Date: 2024-12-31 Tentative Ruling

Case Number: 23SMCV02691    Hearing Date: December 31, 2024    Dept: I

The unopposed motion to continue the trial is GRANTED.  The complaint was filed in June 2023 and the FSC order and trial date were given on February 22, 2024.  The trial is currently set for February 24, 2025—about a year after being set.

The case is an auto accident.  Defendant seeks to continue the case stating that there has been a major change in the case and that a related case must be tried first.  The gist of the argument is that plaintiff is seeking a declaration against the carrier regarding the denial of coverage.  Defendant contends that if plaintiff is successful, then plaintiff can recover non-economic damages, but if plaintiff loses that case, then non-economic damages are not recoverable.  Given that, defendant argues, it makes no sense to try this case at present.

In the coverage case, plaintiff contends that the carrier wrongly applied the insurance premium to her husband’s car and not the car she was driving.  The reason that is important here is due to Proposition 213, enacted by initiative in 1996.  That proposition resulted in Civil Code section 3333.4, which provides that a plaintiff who does not carry insurance of a certain amount cannot recover non-economic damages from a defendant in an auto accident case.  This is a statute meant to cause drivers to be insured by essentially penalizing them for not having insurance.  And it is important to note that the limitation on damages arises even though the defendant who allegedly caused the accident had nothing to do with whether the plaintiff was insured.  While that may seem an odd result, the policy behind the initiative was to equalize the playing field as between an insured driver suing an uninsured driver, and an uninsured driver suing an insured driver.

The bottom line is that the defendant in this case is right.  Until the coverage case is decided, this court cannot go forward with the trial.  If plaintiff wins the coverage case, then evidence of non-economic damages is appropriate and admissible, and can be awarded.  If plaintiff loses, then such evidence is inadmissible and will not be before the jury.

The court notes that the coverage case was filed on July 10, 2024.  A CMC is set for February 14, 2025.  The court will also set a CMC for the instant case for that date so that the court can make an appropriate scheduling order.  For now, the motion to continue the trial is GRANTED.  The FSC and trial dates are VACATED.  A CMC is ORDERED for February 14, 2025, at 9:00 am.