Judge: Andrew E. Cooper, Case: 23CHCP00251, Date: 2023-09-12 Tentative Ruling

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Case Number: 23CHCP00251    Hearing Date: September 12, 2023    Dept: F51

MOTION TO COMPEL ARBITRATION

Motion filed: 6/30/23

MOVING PARTY: Petitioner Interinsurance Exchange of the Automobile Club (“Petitioner”)

RESPONDING PARTY: Respondents Damla Oktay and Jeremy Terrill Veney (collectively, “Respondents”)

NOTICE: OK

RELIEF REQUESTED: An order compelling Respondents to submit their underinsured motorist claims to arbitration.

TENTATIVE RULING: The motion is off calendar.

This is an insurance action in which Petitioner, an insurance company seeks to compel the arbitration of the insured Respondents’ underinsured motorist claims to arbitration pursuant to an arbitration clause in Respondents’ insurance policies.

On 6/13/23, Petitioner filed its Petition to Establish Case Number in Uninsured/Underinsured Motorist Action.  On 6/30/23, Petitioner filed the instant motion to compel arbitration.

The Petitioner has not filed proof of service of the petition on Respondents. As such, Respondents have not made any appearance in the action, and therefore have not had the opportunity to be heard on the instant motion. While Petitioner represents that “both respondents have appeared at depositions that were noticed in connection with the arbitration pleading and both have answered written discovery inquiries,” thereby constituting “a general appearance in this action, sufficient to give this Court power and jurisdiction over respondents,” there is nothing in the Court file from Respondents or the counsel that purportedly represents them showing or confirming that they are the proper parties to be served. (Mot. 4:4–10.)

Based on the foregoing, the instant motion is placed off-calendar. The Court notes that the parties may opt to file with the Court a stipulation to arbitrate Respondents’ insurance claims.