Judge: Armen Tamzarian, Case: 24STCV31293, Date: 2025-02-24 Tentative Ruling

Case Number: 24STCV31293    Hearing Date: February 24, 2025    Dept: 52

Plaintiff Alex-Handra Aime’s Motion to Appoint Neutral Arbitrator

Plaintiff Alex-Handra Aime moves to appoint an arbitrator under Code of Civil Procedure section 1281.6.  That section permits moving to appoint an arbitrator when “the arbitration agreement does not provide a method for appointing an arbitrator” and the parties cannot “agree on a method.”  (Ibid.)  “When a petition is made to the court to appoint a neutral arbitrator, the court shall nominate five persons from lists of persons supplied jointly by the parties to the arbitration or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration.”  (Ibid.)

The parties agree that their contract does not provide a method for appointing an arbitrator.  The agreement states only the necessary qualifications for the arbitrator: “The arbitrator shall be a retired judge or justice, or an attorney with at least five years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator.”  (Felton Decl., Ex. A, ¶ 22.B.) 

Plaintiff’s motion neither proposes any person to serve as arbitrator nor identifies any governmental agency or private disinterested association with lists of potential arbitrators.  In response to this motion, defendant Elk Management, LLC, provided a list of five people who could serve as the arbitrator: (1) Hon. Patricia Collins (Ret.), (2) Hon. Craig Karlan (Ret.), (3) Hon. Andrew Kauffman (Ret.), (4) Hon. Michelle Rosenblatt (Ret.), and (5) Hon. Ramona See (Ret.).  The court will therefore nominate these five people.  Under Code of Civil Procedure section 1281.6, “within five days of receipt of notice of the nominees from the court”, the parties may “jointly select the arbitrator whether or not the arbitrator is among the nominees.  If the parties fail to select an arbitrator within the five-day period, the court shall appoint the arbitrator from the nominees.”

Plaintiff Alex-Handra Aime’s motion to appoint neutral arbitrator is granted.  The court hereby nominates five people to serve as arbitrator: (1) Hon. Patricia Collins (Ret.), (2) Hon. Craig Karlan (Ret.), (3) Hon. Andrew Kauffman (Ret.), (4) Hon. Michelle Rosenblatt (Ret.), and (5) Hon. Ramona See (Ret.).  If the parties do not agree to an arbitrator within five days of receiving notice of these nominees, the court will appoint one of these five nominees as arbitrator. 

The court hereby sets a non-appearance case review re: appointment of arbitrator for March 10, 2025, at 8:30 a.m.