Judge: Stephen P. Pfahler, Case: 23CHCP00167, Date: 2023-10-02 Tentative Ruling

Case Number: 23CHCP00167    Hearing Date: October 2, 2023    Dept: F49

Dept. F-49

Date: 10-2-23

Case #23CHCP00167

Trial Date: Not Set

PROTECTIVE ORDER

MOVING PARTY: Respondent, State Farm Mutual Insurance Co.

RESPONDING PARTY: Petitioner, Agnes Lemons

RELIEF REQUESTED

Motions for Protective Order

SUMMARY OF ACTION

On April 21, 2023, Agnes Lemons filed a petition for uninsured motorist arbitration.

RULING: Granted

Respondent State Farm Mutual Insurance Co. (State Farm) moves for a protective order on the Person Most Qualified Deposition notice. State Farm contends the deposition is improperly overbroad in that the only issue in an uninsured/underinsured motorist petition is the amount of damages. A PMQ is not required to determine this amount. Nothing in the petition allows for inquiry into a potential bad faith action for the wrongful withholding of insurance coverage benefits.

Discovery disputes in an uninsured motorist arbitration petition are resolved by the trial court not the arbitrator. (Ins. Code, § 11580.2, subd. (f); State Farm Mutual Automobile Insurance Company v. Robinson (2022) 76 Cal.App.5th 276, 282.) A Court may make any order that justice requires to protect a party from “unwarranted annoyance, embarrassment or oppression or undue burden and expense.” (Code Civ. Proc., § 2025.420, subdivision (b)(1).) The burden of proof is on the party seeking the protective order to show “good cause” for the order he or she seeks. (Fairmont Insurance Co. v. Superior Court (2000) 22 Cal.4th 245, 255.)  A motion for a protective order “shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.420, subdivision (a)). “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.)

The deposition subpoena seeks information regarding claims of negligence, contribution, and excessive medical treatment by claimant, as well as preexisting injuries, witness statements, and information regarding the accident itself. State Farm presents proof of its efforts to meet and confer which received no response. [Declaration of Angelika Hakopian, ¶¶ 6-7, Ex. C.] The claim adjuster, the would be PMQ, concedes to the existence of the uninsured/underinsured policy, and agreement of 100% fault for purposes of determining resolution of the policy claim. The adjuster denies the existence of any written or recorded statements regarding the collision. All provided information regarding the vehicle collision was turned over to Petitioner. [Declaration of Ashley Dominguez, Ex. E.]

“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.” (Ins. Code, § 11580.2, subd. (f).) Given the acceptance of fault by State Farm, the only issue remaining is for the determination of the amount of damages. (State Farm Mutual Automobile Ins. Co. v. Superior Court (2004) 123 Cal.App.4th 1424, 1431.) Nothing in the petition addresses bad faith damages, and such consideration is barred. (Id. at p. 1434.)

Again, with the acceptance of fault, provision of all information regarding the collision and denial of any witness statements, the only remaining items for consideration go to the claims of negligence, contribution, preexisting condition(s), and excessive medical damages. Any and all medical records and/or statements by claimant were presumably supplied by claimant and therefore require no additional compelled discovery. Thus, the purpose of the PMQ deposition apparently goes to a challenge in the withholding of benefits, rather than the adjudication of the damages claim. The court finds the deposition notice unnecessary and harassing. The unopposed motion for protective order is GRANTED. No deposition of the PMQ need go forward, and petitioner waived any future effort to enforce the subpoena in failing to oppose the subject motion.

State Farm to give notice.