New CA Arbitration Decision
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Arbitration
In UIM arbitrations the trial court, not the arbitrator, decides discovery issues. Last month, in a case of first impression, the First District Court of Appeal published a new decision addressing whether a party in a UIM arbitration can appeal a discovery ruling after the trial court confirms the arbitration award. In the video above I briefly discuss this new case. Below is my summary of the case.
New Arbitration Decision
State Farm Mutual Automobile Ins. Co. v. Robinson (2022) _ Cal.App.5th _ , 2022 WL 765906: The Court of Appeal affirmed the trial court's judgment confirming an uninsured motorist arbitration award against defendant. In uninsured-motorist arbitration proceedings discovery disputes are resolved by a trial court, not the arbitrator. (Insurance Code, section 11580.2(f).) In this case, the trial court had earlier deemed admitted requests for admission that plaintiff State Farm had propounded on defendant. Ruling on an issue of first impression, the Court of Appeal held that trial court discovery orders in uninsured motorist proceedings are not reviewable on appeal from a judgment confirming the arbitration award. Civil Code section 1286.2 sets forth the exclusive grounds upon which appellate courts may vacate a judgment confirming an arbitration award, and a trial court error in issuing a discovery ruling is not among them. As a result, a party's only recourse to challenge an allegedly improper discovery ruling in an uninsured-motorist arbitration proceeding is through a timely filed petition for a writ of mandamus. (C.A. 1st, March 14, 2022.)
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Mediation, Arbitration and Referee Services
I also help attorneys and their clients by serving as a mediator, arbitrator and referee with ADR Services, Inc. I handle cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, land use, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. I also keep up with the new civil case law published in California. I offer Zoom services throughout California and also in-person services. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. If you'd like to work with me, please contact my case manager at ADR services, Haward Cho, [email protected], (619) 233-1323.
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Stat safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]