Judge: Melvin D. Sandvig, Case: 24CHCP00102, Date: 2024-05-22 Tentative Ruling
Case Number: 24CHCP00102 Hearing Date: May 22, 2024 Dept: F47
Dept. F47
Date: 5/22/24
Case #24CHCP00102
PETITION TO
OPEN SUPERIOR COURT FILE
Petition filed on 3/13/24.
MOVING PARTY: Petitioner United Financial Casualty
Company
RESPONDING PARTY: Respondent Bernabe Garcia Tellez
RELIEF REQUESTED: The opening of a Superior Court
file to secure a case number thereby bringing this matter under the
jurisdiction of this Court.
RULING: Granted
A dispute between Petitioner and Respondent Bernabe Garcia
Tellez (Respondent) is proceeding by way of arbitration pursuant to the
uninsured motorist provisions of Respondent’s insurance policy with Petitioner. (See Petition ¶1).
On 3/13/24, citing Insurance Code 11580.2(f), Petitioner
United Financial Casualty Company (Petitioner) filed the instant petition for
the purpose of opening a Superior Court file, secure a case number, and thereby
bring the matter under the jurisdiction of this Court.
On 3/15/24, Petitioner served the petition on attorneys
who purportedly represent Respondent by U.S. mail and electronic transmission. (See Proof of Service filed 3/15/24). On 4/16/24, the Court set an Order to Show
Cause on 5/22/24 Re Dismissal/Denial of the Petition for Petitioner’s failure
to reserve/schedule a hearing date. (See
4/16/24 Minute Order). On 4/30/24,
Petitioner filed and served, by e-mail, a notice of the instant hearing
regarding the petition. (See
4/30/24 Notice of Hearing).
Insurance Code 11580.2(f) provides:
“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. The arbitration shall be conducted by a single
neutral arbitrator. An award or a judgment confirming an award shall not be
conclusive on any party in any action or proceeding between (i) the insured,
his or her insurer, his or her legal representative, or his or her heirs and
(ii) the uninsured motorist to recover damages arising out of the accident upon
which the award is based. If the insured has or may have rights to benefits,
other than nonoccupational disability benefits, under any workers' compensation
law, the arbitrator shall not proceed with the arbitration until the insured's
physical condition is stationary and ratable. In those cases in which the
insured claims a permanent disability, the claims shall, unless good cause be
shown, be adjudicated by award or settled by compromise and release before the
arbitration may proceed. Any demand or petition for arbitration shall contain a
declaration, under penalty of perjury, stating whether (i) the insured has a
workers' compensation claim; (ii) the claim has proceeded to findings and award
or settlement on all issues reasonably contemplated to be determined in that
claim; and (iii) if not, what reasons amounting to good cause are grounds for
the arbitration to proceed immediately. The arbitration shall be deemed to be a
proceeding and the hearing before the arbitrator shall be deemed to be the
trial of an issue therein for purposes of issuance of a subpoena by an attorney
of a party to the arbitration under Section
1985 of the Code of Civil Procedure. 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.
(2) Any proper court to which
application is first made by either the insured or the insurer under Title
4 (commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure for any discovery or other relief or remedy, shall
thereafter be the only court to which either of the parties shall make any
applications under Title
4 (commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure with respect to the same accident, subject,
however, to the right of the court to grant a change of venue after a hearing
upon notice, upon any of the grounds upon which change of venue might be
granted in an action filed in the superior court.
(3) A deposition pursuant to Chapter 9 (commencing with Section 2025.010)
of Title 4 of Part 4 of the Code of Civil Procedure may be
taken without leave of court, except that leave of court, granted with or
without notice and for good cause shown, must be obtained if the notice of the
taking of the deposition is served by either party within 20 days after the
accident.
(4) Subdivision
(a) of Section 2025.280 of the Code of Civil Procedure is
not applicable to discovery under this section.
(5) For the purposes of discovery
under this section, the insured and the insurer shall each be deemed to be “a
party to the action,” where that phrase is used in Section 2025.260 of the Code of Civil Procedure.(6) Interrogatories under Chapter 13 (commencing with Section 2030.010)
of Title 4 of Part 4 of the Code of Civil Procedure and
requests for admission under Chapter 16
(commencing with Section 2033.010)
of Title 4 of Part 4 of the Code of Civil Procedure may be
served by either the insured or the insurer upon the other at any time more
than 20 days after the accident without leave of court.(7) Nothing in this section limits
the rights of any party to discovery in any action pending or that may
hereafter be pending in any court.”
If Petitioner intends to file additional requests for
relief (i.e., motions to compel discovery responses, etc.), Petitioner will
have to personally serve such pleadings on Respondent or provide evidence that the
counsel being served is Respondent’s counsel of record in the underlying
arbitration and/or evidence of that counsel’s address for service.