Case Number: 19STCV12897 Hearing Date: May 17, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

MERCURY INSURANCE COMPANY,

Plaintiff(s),

vs.

TIMOTHY STANTON,

Defendant(s).

Case No.: 19STCV12897

[TENTATIVE] ORDER GRANTING PETITIONER’S UNOPPOSED MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

May 17, 2019

Facts

Petitioner, Mercury Insurance Company filed this petition against Respondent, Timothy Stanton in connection with an uninsured motorist claim.

Motions to Compel

Discovery procedures available to the parties in uninsured motorist cases are basically the same as those available in California civil litigation, subject to certain limitations not applicable here. Ins.C. §11580.2(f). Jurisdiction to resolve discovery disputes (including the issuance of any orders to compel discovery) is vested in the superior court (a) in the proper county for the filing of a lawsuit against the uninsured motorist for bodily injury arising from the accident or (b) in any county specified in the policy as a proper county for arbitration or action on the policy. See Ins.C. §11580.2(f)(1), (2); Miranda v. 21st Century Ins. Co. (2004) 117 CA4th 913, 921-926.

The party seeking court assistance in connection with a discovery dispute need not file and serve on the other party a formal complaint. An “application to commence discovery” coupled, e.g., with a motion to compel compliance, may be filed with the court and, where the party against whom discovery is sought is represented by counsel, served upon counsel (per CCP §1015; see CCP § 1012–service on counsel by mail). See Miranda v. 21st Century Ins. Co., supra, 117 CA4th at 927-928.

The superior court has exclusive jurisdiction to hear and rule on discovery matters arising in a UM arbitration. The arbitrator has no such power. See Miranda v. 21st Century Ins. Co., supra, 117 CA4th at 924-926.

The motions to compel responses to form interrogatories, special interrogatories, and RPDs are unopposed and granted. Respondent is ordered to serve responses, without objections, within twenty days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Sanctions

Petitioner seeks sanctions in connection with the motions. Sanctions are mandatory. §§2030.290(c), 2031.300(c). Counsel bills at the reasonable rate of $175/hour. The Court awards one hour of time to prepare each form discovery motion. The Court awards three hours of time to appear. The Court therefore awards a total of six hours of attorney time at the rate of $175/hour, or $1050 in attorneys’ fees. The Court also awards three filing fees of $60 each, or $180 in costs.

Sanctions are sought and imposed against Claimant and his attorney of record, jointly and severally; they are ordered to pay sanctions to Petitioner, by and through its attorney of record, in the total amount of $1230, within twenty days.

Final Note

This action was commenced by way of petition, not by way of complaint. For reasons that are not clear, it was assigned a civil complaint case number, rather than a civil petition case number. No trial is necessary in connection with a civil petition. The Court therefore advances and vacates the 10/13/20 trial date and the 9/28/20 FSC date.

Petitioner is ordered to give notice.