Judge: William A. Crowfoot, Case: 23AHCP00292, Date: 2023-08-11 Tentative Ruling

Case Number: 23AHCP00292    Hearing Date: August 11, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

MARIA CHAVEZ,

                   Claimant,

          vs.

 

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,

 

                   Respondent.

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      CASE NO.: 23AHCP00292

 

[TENTATIVE] ORDER RE: PETITION TO ASSIGN CASE NUMBER

 

Dept. 3

8:30 a.m.

August 11, 2023

 

On July 10, 2023, State Farm Mutual Automobile Insurance Company (“State Farm”) initiated this action with Maria Chavez (“Claimant”) by way of petition for a case number in connection with an underinsured motorist claim. 

The Insurance Code adopts the Civil Discovery Act in its entirety and “grants the superior court the exclusive jurisdiction to hear discovery matters arising under uninsured motorist arbitrations.”  (Miranda v. 21st Century Ins. Co. (2008) 117 Cal.App.4th 913, 926.)  Typically, discovery is commenced when a party files an “application to commence discovery” together with a motion seeking a discovery order.   

Here, State Farm did not include a motion requesting any sort of relief with respect to a discovery dispute.  Additionally, State Farm did not give Claimant notice of the hearing on this petition.  Accordingly, the hearing is taken off calendar. 

Moving party to give notice.

 

Dated this 11th day of August, 2023

 

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.