Judge: Serena R. Murillo, Case: 22STCV27550, Date: 2023-03-08 Tentative Ruling

Case Number: 22STCV27550     Hearing Date: March 8, 2023    Dept: 29

TENTATIVE

Petitioner James River Insurance Company’s Motions to Compel Further Responses to Special Interrogatories and Requests for Admission are TAKEN OFF CALENDAR due to lack of jurisdiction.

Discussion

On August 23, 2022, Petitioner filed a petition to open an uninsured motorist discovery case. Since this is a petition, Petitioner was required to serve it on Claimant in the manner required by CCP section 1290.4. (See Porter v. Golden Eagle Ins. Co. (1996) 43 Cal.App.4th 1282, 1289 (stating the statutory scheme for arbitration provided by CCP sections 1280 et seq. encompasses arbitration compelled by statute, and specifically, arbitration under Insurance Code section 11580.2).) Under CCP section 1290.4, a copy of the petition and a written notice of the time and place of the hearing and any other papers upon which the petition is based must be served in the manner provided in the arbitration agreement for the service of such petition and notice. (Code Civ. Proc., § 1290.4(a).) If the arbitration agreement does not provide the manner for service, then CCP section 1290.4 requires that service be made in the manner provided by law for the service of summons in an action. (Id., § 1290.4(b).)

Petitioner filed this petition under Insurance Code section 11580.2, which does not provide any manner for service. Since Insurance Code section 11580.2 does not identify any manner for service, Petitioner was required by CCP section 1290.4(b) to serve the petition and the discovery motion on Claimant in the manner provided for the service of summons. After Claimant has been served in the manner provided for the service of summons, then CCP section 1290.4 permits Petitioner to serve any further motions by mail on Claimant or Claimant attorney, as set forth in CCP sections 1010 to 1020. (Code Civ. Proc., § 1290.4(c).)

Here, Petitioner attached a proof of service to its petition indicating the petition and motions at issue were served on Claimant by electronic mail service, and by email. Petitioner has thus failed to demonstrate that it served the petition and discovery motion in the manner of a summons. As Petitioner has not served the petition on Claimant in the manner provided by law for the service of summons, the Court cannot hear this motion because the Court does not have jurisdiction over Claimant at this time.

Additionally, an Informal Discovery Conference has not been held prior to the hearing on these motions to compel further, as required pursuant to the current PI Standing Order. The motions to compel further are taken off calendar as a result.

Conclusion 

Accordingly, Petitioner James River Insurance Company’s motions to Compel Further scheduled for 3/6, 3/7 and 3/8 are TAKEN OFF CALENDAR.
Moving party is ordered to give notice.