Prudential Property & Casualty Insurance v. Superior Court

[277]

Opinion

THE COURT.

1

In this case we hold that a trial court may order joinder of a personal injury action with a related uninsured motorist arbitration proceeding, where such joinder is necessary to prevent inconsistent rulings.

Real parties in interest Melissa and Ronald Louie are plaintiffs in a personal injury action against two motorists, each of whom rear-ended the Louies’ car in two separate accidents within a period of about four weeks. The driver of the second car was not insured. Real parties filed an uninsured motorist (U/M) claim with their insurer, petitioner Prudential Property and Casualty Insurance Company. That claim is now in arbitration. Melissa Louie injured her lower back in both accidents. In order to avoid inconsistent rulings regarding the comparative fault of the two drivers, real parties petitioned the superior court to join the arbitration proceeding with the superior court action. (Code Civ. Proc., § 1281.2, subd. (c) (section 1281.2(c)).) The court ordered the joinder. Petitioner seeks a writ of mandate to compel the superior court to set the order aside. After full briefing and a waiver of oral argument by petitioner, we deny the petition.

2

We publish our decision for guidance of the bench and bar.

On September 15, 1992, the Louies’ car was rear-ended by a vehicle driven by Loren Stolle, who is insured. On October 11, 1992, it was again rear-ended by a truck driven by Willie Condon, an uninsured motorist. Ms. Louie, a professional jazz dancer, was riding in the car both times and suffered injuries to her lower back which substantially hinder her career. She is unable to tell which accident caused how much injury.

Real parties filed a personal injury action against Stolle and Condon and an uninsured motorist claim against petitioner, based on their policy’s U/M coverage. An arbitration proceeding on the U/M claim was commenced.

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