Miranda

Miranda v. 21st Century Insurance

Good Law
117 Cal. App. 4th 913·12 Cal. Rptr. 3d 159·2004 Cal. App. LEXIS 501·2004 Daily Journal DAR 4553·2004 Cal. Daily Op. Serv. 3209
Court of Appeal of CaliforniaApril 13, 2004G031774California5,621 words

Opinion

Opinion

Ikola, J.

The court dismissed plaintiff Daphne Miranda’s underinsured motorist arbitration because she refused to obey a prior discovery order. Plaintiff contends the court lacked subject matter jurisdiction to dismiss the arbitration proceeding, and also lacked personal jurisdiction to make any orders against her. In the alternative, plaintiff contends the court abused its discretion by imposing a terminating sanction without first imposing a lesser sanction. We disagree with all of plaintiff’s arguments and affirm the judgment of dismissal.

FACTUAL AND PROCEDURAL BACKGROUND

On November 8, 1999, plaintiff sustained injuries in an automobile accident with an underinsured motorist, Marisela Mondragon. She filed an action against Mondragon in superior court and, about six months later, she demanded arbitration of her underinsured motorist claim against her insurer, defendant 21st Century Insurance Company. Shortly after demanding arbitration with defendant, plaintiff settled her superior court action with Mon-dragon. The demand for arbitration with defendant remained pending.

Defendant commenced discovery in connection with the underinsured motorist claim, including service of…

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