Judge: Cherol J. Nellon, Case: 25STCP01210, Date: 2025-06-12 Tentative Ruling

Case Number: 25STCP01210    Hearing Date: June 12, 2025    Dept: 14

#9

Case Background

On March 28, 2025, Petitioner Muhamadou Nimaga (“Petitioner”) filed this instant petition.

Instant Pleading

Petitioner moves to open a civil case so that the Court can appoint a neutral arbitrator. (Petition, p. 1:20-21.)

Decision

Petitioner’s petition to open a civil case and appoint a neutral arbitrator is DENIED.

Legal Standard

Code of Civil Procedure section 1281.6 governs the choice of arbitrator when arbitration is sought: 

If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. 

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. The parties to the agreement who seek arbitration and against whom arbitration is sought may within five days of receipt of notice of the nominees from the court 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. 

(Code Civ. Proc., § 1281.6.)  

Discussion

Petitioner seeks to open a civil case and appoint a neutral arbitrator under Code of Civil Procedure section 1281.6. (Petition, p. 1:20-27.) However, the Court must DENY this petition because Petitioner has not provided all the necessary information. Specifically, Petitioner does not claim that an arbitration agreement exists, nor do they provide a list of individuals jointly submitted by both parties for arbitration or obtained from a relevant governmental agency or a private, disinterested association related to arbitration.

Petitioner states that their request is supported by a memorandum of points and authorities and a declaration from Hamed Yazdanpanah. (Petition, p. 2:5-8.) However, neither document is attached to the petition.

Conclusion

Petitioner’s petition to open a civil case and appoint a neutral arbitrator is DENIED.