Judge: Elaine W. Mandel, Case: 24SMCP00068, Date: 2024-03-26 Tentative Ruling
Case Number: 24SMCP00068 Hearing Date: March 26, 2024 Dept: P
Kim v. Trumbull Insurance Company, case no. 24SMCP00068
Plaintiff Kim’s Motion to Compel Arbitration -- unopposed.
Hearing Date: 3/26/24
Tentative Ruling:
In this underinsured motorist claim, Kim seeks to compel
arbitration. The insurance policy contains a written agreement to arbitrate if
the parties are unable to informally resolve the dispute. Per the Kim
declaration, the underinsured tortfeasor paid policy limits, and the Superior
Court case no. 20STCV04483 has been dismissed (Kim decl. para. 4). Petitioner
sent a written demand for arbitration (motion, exh. B) on 6/10/21, proposing
three arbitrators. The parties’ mediation with John Shaw on 10/16/23 was unsuccessful
(Kim decl. para. 4).
There is no opposition. The motion is GRANTED. An arbitrator
will be appointed pursuant to Cal. Code Civ. Proc. 1281.2, and the parties are
to arbitrate within six months.