Judge: Robert B. Broadbelt, Case: 24STCP00317, Date: 2024-06-18 Tentative Ruling

Case Number: 24STCP00317    Hearing Date: June 18, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Petitioner Wawanesa General Insurance Company  

RESPONDING PARTY:       Unopposed

Motion to Compel Responses to Special Interrogatories

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Petitioner Wawanesa General Insurance Company (“Petitioner”) moves the court for an order (1) compelling respondent Analilia Chavez (“Chavez”) to provide verified responses to Petitioner’s Special Interrogatories, Set One, and (2) awarding monetary sanctions in favor of Petitioner and against respondent Chavez in the amount of $1,565.

The court orders that Petitioner’s motion is taken off calendar because Petitioner (1) has not properly served respondent Chavez with the Petition, and (2) did not give Chavez sufficient notice of this motion.

First, the court notes that the proof of service attached to the Petition appears to be defective.

Petitioner filed its Petition for Superior Court Case Number for the Purpose of Discovery with the court on January 31, 2024, naming as respondents Chavez and Michel Esquivel (collectively, “Respondents”) pursuant to Insurance Code section 11580.2.  (Pet., ¶¶ 2, 3.)  Pursuant to that statute, the court has jurisdiction to hear discovery matters that arise in uninsured motorist arbitrations.  (Ins. Code, § 11580.2, subd. (f)(1); Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 926 [“the uninsured motorist law grants the superior court the exclusive jurisdiction to hear discovery matters arising under uninsured motorist arbitrations”] [emphasis in original].)  However, Petitioner did not serve Respondents with the Petition in the same manner as a summons. 

The proof of service states that the Petition was served, by mail and electronic service, on “Robert Bazikyan, Esq.”  (Pet., pp. 4-5 [Proof of Service].)  The proof of service does not state that Respondents were served with the Petition, and the Petition does not present evidence establishing that Robert Bazikyan was authorized to accept service on behalf of Respondents.  To the extent that the court may construe the proof of service as establishing that Petitioner served counsel for Respondents with the Petition, Petitioner did not cite authority establishing that service of its Petition by mail and electronic service is proper pursuant to Insurance Code section 11580.2. 

Thus, it appears that Petitioner has not served Respondents with its Petition by a valid method of service.

Second, even if this manner of service were valid, the court finds that Petitioner did not provide Chavez with sufficient notice of the hearing on this motion.

“[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing.”  (Code Civ. Proc., § 1005, subd. (b).)  Any period of notice “shall be extended after service by electronic means by two court days . . . .”  (Code Civ. Proc., § 1010.6, subd. (a)(3)(B).)

For a hearing date of June 18, 2024, Petitioner was required to serve Chavez by, at least, May 22, 2024 (16 court days + 2 court days for electronic service).[1]  Petitioner served Chavez with the pending motion by electronic service and by mail on May 23, 2024, i.e., one court day late.  Moreover, Chavez did not file an opposition to this motion.  Thus, Petitioner did not give Chavez sufficient notice of the hearing on this motion.  (Code Civ. Proc., §§ 1005, subd. (b), 1010.6, subd. (a)(3)(B).) 

The court therefore orders that the hearing on Petitioner’s motion to compel responses to special interrogatories is taken off calendar, subject to being rescheduled after Petitioner properly serves Chavez with the Petition.

ORDER

The court orders that the hearing on petitioner Wawanesa General Company’s motion to compel responses to special interrogatories is taken off calendar, subject to being rescheduled after petitioner Wawanesa General Company properly serves respondent Analilia Chavez with the Petition.

IT IS SO ORDERED.

DATED:  June 18, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court