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CALIFORNIA v. PIONEER INSURANCE

This case has been cited 1 times or more.

2005-12-15
CORONA, J.
In California and Hawaiian Sugar Company v. Pioneer Insurance and Surety Corporation,[16] we held that a preliminary hearing was not mandatory but was rather subject to the discretion of the trial court. We found in that instance that the trial court had committed grave abuse of discretion in refusing the party's motion for a preliminary hearing on the ground that the case was premature, not having been submitted for arbitration. A preliminary hearing could have settled the entire case, thereby helping decongest the dockets. It was therefore the refusal to allow the most efficient and expeditious process which we condemned.