Judge: Andrew E. Cooper, Case: 24CHCV03868, Date: 2025-04-23 Tentative Ruling

Case Number: 24CHCV03868    Hearing Date: April 23, 2025    Dept: F51

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F-51

MOTION TO COMPEL ARBITRATION

Motion filed: 1/10/25

MOVING PARTY: Defendant Geico General Insurance Company (“Defendant”)

RESPONDING PARTY: Plaintiff Daljit Brar, by and through his successor-in-interest, Anjeet Brar (“Plaintiff”)

NOTICE: OK

RELIEF REQUESTED: An order: (1) compelling Plaintiff to submit his claims to arbitration; and (2) staying this action pending the outcome of the arbitration.

TENTATIVE RULING: The unopposed motion is granted, and the action is stayed pending the outcome of arbitration. Defendant’s request for judicial notice is granted.

BACKGROUND

This is an insurance action in which Plaintiff, a driver who was injured in a 5/19/21 automobile collision, alleges that Defendant, his auto insurance provider, breached contractual duties owed to Plaintiff and breached the implied covenant of good faith and fair dealing by unreasonably refusing to pay for Plaintiff’s damages exceeding the defendant driver’s policy limits. (Compl. ¶¶ 8–13.)

On 10/22/24, Plaintiff filed his complaint, alleging against Defendant the following causes of action: (1) Breach of Written Contract; and (2) Bad Faith – Breach of Duty of Good Fail and Fair Dealing.

On 1/10/25, Defendant filed the instant motion to compel arbitration. No opposition has been filed to date. On 4/15/25, Defendant filed a notice of non-opposition.

ANALYSIS

Under both the Federal Arbitration Act and California law, arbitration agreements are valid, irrevocable, and enforceable, except on such grounds that exist at law or equity for voiding a contract. (Winter v. Window Fashions Professions, Inc. (2008) 166 Cal.App.4th 943, 947.)

The party moving to compel arbitration must establish the existence of a written arbitration agreement between the parties. (Code of Civ. Proc. § 1281.2.) This is usually done by presenting a copy of the signed, written agreement to the court. “A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The provisions must be stated verbatim or a copy must be physically or electronically attached to the petition and incorporated by reference.” (Cal. Rules of Court, rule 3.1330.)

The moving party must also establish the other party’s refusal to arbitrate the controversy. (Code of Civ. Proc. § 1281.2.) The filing of a lawsuit against the moving party for a controversy clearly within the scope of the arbitration agreement affirmatively establishes the other party’s refusal to arbitrate the controversy. (Hyundai Amco America, Inc. v. S3H, Inc. (2014) 232 Cal.App.4th 572, 577.)

Here, Defendant asserts that the Policy’s Uninsured and Underinsured Motorist Coverage provides that “The amount of the insured’s recovery for these damages will be determined by agreement between the insured or his representative and us. The dispute will be arbitrated if an agreement cannot be reached.” (Def.’s Mot. 4:27–5:2, citing Decl. of Aundrina Gulihur ¶ 2.)[1]

The Court notes that Plaintiff has failed to oppose the instant motion, and further notes that Plaintiff has allegedly filed a demand for arbitration with Defendant, but that Defendant refused to arbitrate the matter. (Compl. ¶¶ 20–21.) Based on the foregoing, the Court finds that Defendant has met its burden to show that the instant claims are within the scope of disputes which the parties have explicitly agreed to arbitrate. Accordingly, the Court grants the instant unopposed motion.

A.    Stay of Proceedings

California Code of Civil Procedure section 1281.4 states that the court shall stay the action or proceeding if the court has ordered arbitration. (Code Civ. Proc. § 1281.4.) Here, as the Court grants Defendant’s motion to compel arbitration, the case is therefore stayed pending completion of arbitration.¿The Court will set an OSC re: Status of Arbitration and Stay at the time of the hearing.

CONCLUSION

The unopposed motion is granted, and the action is stayed pending the outcome of arbitration.