Judge: William A. Crowfoot, Case: 22STCV10729, Date: 2023-01-04 Tentative Ruling

Case Number: 22STCV10729    Hearing Date: January 4, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

UNITED SERVICES AUTOMOBILE ASSOCIATION,

                   Petitioner(s),

          vs.

 

EDWIN ESCOBAR, et al.,

 

                   Respondent(s).

)

)

)

)

)

)

)

)

)

)

)

      CASE NO.: 22STCV10729

 

[TENTATIVE] ORDER RE: PETITIONER’S MOTION FOR SUMMARY JUDGMENT

 

Dept. 27

1:30 p.m.

January 4, 2023

 

On March 29, 2022, United Services Automobile Association (“USAA”) filed this petition for assignment of a Superior Court case number in an underinsured motorist arbitration proceeding initiated by Edwin Escobar (“Escobar”), Logan Escobar, and Amanda Clancy.  The motion for summary judgment, filed on September 1, 2022, is brought on the grounds that Escobar cannot establish a claim for underinsured motorist coverage because he did not pursue any payment from the individual who caused the underlying automobile accident, is now time-barred from doing so, and therefore cannot show that “the limits of bodily injury liability policies applicable to all insured motor vehicles causing the injury [have been] exhausted by payment of judgments or settlements.”  (See Insurance Code, § 11580.2, subd. (p)(3).) 

USAA states it seeks a judicial determination of an issue relating to coverage and contends that this is not an arbitrable issue.  USAA states that Escobar’s insurance policy does not provide coverage until the limits of bodily injury liability bonds or policies applicable to all motor vehicles causing the injury have been exhausted by payment of judgments or settlements, and proof of such is submitted to the Court.  USAA contends that the Court must determine whether Escobar has underinsurance motorist coverage due to his failure to comply with the exhaustion provision of his policy. 

On November 18, 2022, the Court issued a tentative order striking the motion and petition on the grounds that it lacked jurisdiction and there was no authority to grant a summary judgment motion because there was no petition to compel arbitration before the Court or a complaint asserting a declaratory relief cause of action.  The hearing was continued to January 4, 2023 at USAA’s request to submit supplemental briefing.  After review of the supplemental briefing provided by both parties, the Court adopts the tentative ruling issued on November 18, 2022 because USAA has not provided legal authority for the relief requested.