TENTATIVE RULING

Calendar:    2

Date:         12/1/2023

Case No:      23 GDCP00202

Case Name: In the Matter of The Arbitration Between Blue Hill Specialty 

Insurance Company v. Alaverdi

PETITION TO OPEN SUPERIOR COURT CASE FILE FOR THE PURPOSE OF ESTABLISHING JURISDICTION OVER UNDERINSURED MOTORIST ARBITRATION MATTER

Moving Party: Petitioner Blue Hill Specialty Insurance Company    

Responding Party: Respondent/Insured Narbe Alaverdi (No Opposition)  

RELIEF REQUESTED:

Grant petition and take this matter under the court’s jurisdiction pursuant to Insurance Code section 11580.2 (f). 

ANALYSIS:

Petitioner Blue Hill Specialty Insurance Company indicates that the action between petitioner and respondent Narbe Alaverdi is now proceeding by way of arbitration pursuant to the underinsured motorist provisions of respondent’s insurance policy maintained with petitioner.  [Petition, para. 1]. 

Petitioner indicates that the purpose of the petition is to open a Superior Court file, secure a case number, and thereby bring this matter under the jurisdiction of this court. [Petition, para. 3]. 

The petition is brought pursuant to Insurance Code § 11580.2(f), under which an insured or insurer may apply to the court for enforcement of discovery under Article 4, the Civil Discovery Act.  The subdivision provides, in pertinent part:

“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.”

The petition is very brief and is the only document yet filed by the petitioner.  The petition does not attach a copy of the insurance policy or explain the circumstances of the accident giving rise to the arbitration.  There accordingly is insufficient information submitted by petitioner so that this court can determine if it is a proper court to assume jurisdiction of this matter, that is, that this court is in a 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 that this court is in a county specified in the policy or a policy endorsement as a proper county for arbitration or an action on the arbitration.  This issue will be discussed at the hearing, as this determination is required under the statute.   

If the court is satisfied that it is the proper court under statute, petitioner will be ordered to ensure that timely service in an approved manner for service of a motion under the Civil Discovery Act is made of any discovery motion pursued by petitioner in this proceeding.   

If the court is not satisfied with the showing at the hearing concerning whether this court is a proper court to which the application has been made, the petition will be dismissed without prejudice. 

RULING:

[No opposition]

Petition to Open Superior Court File for the Purpose of Establishing Superior Court Jurisdiction Over Underinsured Motorist Arbitration Matter:

The Court notes that Petitioner had been assigned the requested case number and file creation.  However, the petition fails to establish that this Court is a proper court to which such application has been made under Insurance Code § 11580.2(f). 

The Court will hear argument and consider evidence concerning 

1) Whether Los Angeles County is a proper county for the filing of a suit for bodily injury arising out of the accident against the uninsured motorist; and 

2) Whether Los Angeles County is a county specified in the policy or a policy endorsement as a proper county for arbitration or an action on the arbitration.  

If the Court is not satisfied with the showing submitted, the petition will be DISMISSED WITHOUT PREJUDICE. 

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

AUDIO OR VIDEO APPEARANCES

Please make arrangement in advance if you wish to appear via LACourtConnect by visiting www.lacourt.org to schedule a remote appearance.  Please note that LACourtConnect offers free audio and video appearances.  However, ADVANCE REGISTRATION IS REQUIRED. 

If no appearance is set up through LACourtConnect, or no appearance is otherwise made, then the Court will assume the parties are submitting on the tentative.