Judge: Michael Shultz, Case: 24STCP01810, Date: 2025-05-15 Tentative Ruling

Case Number: 24STCP01810    Hearing Date: May 15, 2025    Dept: 40

24STCP01810 Allstate Northbrook Indemnity Co. v. Andrew Del Rosario

[TENTATIVE] ORDER GRANTING CLAIMANT’S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS

      The petitioner insurer, Allstate Northbrook Indemnity (“Allstate”), commenced this action to invoke the court’s jurisdiction to enforce discovery rights in an uninsured motorist proceeding as governed by the Insurance Code. (Ins. Code, § 11580.2 subd (f).)

      The insured Claimant, Andrew del Rosario, (“Del Rosario” or “Claimant”) filed and served this motion to compel Allstate to provide further responses to a document request. Allstate did not file an opposition.

      Discovery in an uninsured motorist proceeding is governed by the Insurance Code. The court has jurisdiction to decide discovery issues. (Ins. Code, § 11580.2 subd. (f)(2).) (Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 920–921. The Insurance Code adopts “all rights, remedies, obligations, liabilities and procedures set forth” in the Discovery Act, with some exceptions not applicable here. (Miranda at 920-921; § 11580.2, subd. (f).)

      Claimant served Allstate with written discovery on December 16, 2024. Allstate responded on April 14, 2025, however, Allstate asserted objections to some of the document requests based on attorney-client privilege and work product. Claimant argues that none of the objections have merit.  

      A motion to compel further responses to a document request is proper where the requesting party believes the statement of compliance is incomplete, or a representation of inability to comply is inadequate, incomplete, or evasive, and/or an objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310 subd. (a).) Claimant sent meet and confer letters and email to Allstate and left voicemail messages, but Allstate did not respond.  (Bazerkanian decl., ¶¶ 5-7.)

      At issue are requests 5, 10, and 12, for documents relating to reports about the incident, Allstate’s entire investigations file, and documents identified in Allstate’s response to interrogatories regarding witness information. Allstate objected to requests 5 and 10 claiming attorney-client privilege, attorney work product, and trade secrets. Allstate provided a privilege log, but Claimant argues none of the privileges apply. Allstate did not oppose the motion to support any of its objections.  

      With respect to request 12, the production is incomplete because Allstate did not produce the transcribed statements of a third-party driver which Allstate identified in its response to interrogatories. Allstate did not assert any objection to producing the document; Allstate omitted it without explanation.

      Based on the foregoing, Claimant’s motion is GRANTED. Allstate is ordered to serve within 30 days verified, code-compliant further responses and production of documents responsive to requests 5, 10, and 12 without objection.