Arbitration, Requests For Admission: Arbitrator Award Of RFA Costs Of Proof Sanctions Reversed In Review Of Uninsured Motorist Arbitration Proceedings

Only A Trial Judge Can Order Discovery Sanctions Under Uninsured Motorist Arbitration.

               We did know that uninsured motorist arbitrations are a niche area for practitioners in the area.  That is confirmed by the result in Ourfali v. 21^st Century Ins. Co., Case No. B324150 (2d Dist., Div. 4 Mar. 27, 2024) (unpublished).  There, in an uninsured motorist arbitration, an arbitrator awarded CCP § 2033.420 costs of proof sanctions of $34,789.50 in connection with some RFA denials against defendant insurer, even though the insurance policy arbitration clause stated that all other issues but legal entitlement to damages and the damages amount had to be decided by a superior court.  The superior court vacated the costs of proof sanctions, a determination affirmed by the appellate court.  It found that only the superior court had jurisdiction to hear discovery matters arising under uninsured motorist arbitrations.  (Miranda v. 21^st Century Ins. Co., 117 Cal.App.4^th 913, 926 (2004); see also Storm v. Standard Fire Ins. Co., 52 Cal.App.5^th 636, 640, 648 (2020).)