Judge: Gary Y. Tanaka, Case: 21TRCV00133, Date: 2022-07-26 Tentative Ruling
Case Number: 21TRCV00133 Hearing Date: July 26, 2022 Dept: B
LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT
Honorable Gary Y. Tanaka Tuesday, July 26, 2022
Department B Calendar No. 6
PROCEEDINGS
Centurion Blackjets LLC v. Starjet, Inc., et al.
21TRCV00133
Starjet, Inc.’s Petition to Appoint Arbitrator and Stay Action
TENTATIVE RULING
Starjet, Inc.’s Petition to Appoint Arbitrator and Stay Action is granted, in part.
Background
Plaintiff filed the Complaint on February 25, 2021. Plaintiff alleges the following facts. Plaintiff is a charter company which arranges for individuals to book private aircrafts. Defendant owns and operates aircrafts. Plaintiff entered into an agreement with Defendant whereby Defendant agreed to fly Plaintiff’s clients by private jet on a roundtrip flight from Los Angeles to
Miami. Defendant’s crew failed to inform the passengers of the rules and regulations. Approximately three hours into the flight, Defendant’s crew re-routed the plane to New Orleans claiming that rules and/or regulations related to smoking and elicit substances had been violated by the passengers. After the authorities found no evidence of elicit or illegal substances, Defendant proceeded to just leave the passengers stranded in New Orleans. Defendant refused to fly the passengers to their destination and did not return the funds paid to it. Plaintiff alleges causes of action for Breach of Agreement, Breach of the Covenant of Good Faith and Fair Dealing, and Conversion.
Petition to Appoint Arbitrator
Code Civ. Proc., § 1281.6 states:
“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.”
Defendant petitions the Court, pursuant to CCP §§ 1281.6 and 1281.2, for appointment of an arbitrator and for a stay of proceedings on the ground that the parties are unable to select an arbitrator. First, the Court denies the petition for a stay and also denies any relief as set forth under Section 1281.2. CCP § 1281.6 does not reference any ground to order a stay. Also, the Court has already denied Defendant’s motion made previously under Section 1281.2. Despite this, the Court notes that Defendant again presented arguments and authorities referring to this section. (Motion, pages 3-5).
The Court has reviewed the list of proposed arbitrators presented by the parties and nominates the following five individuals: 1. Hon Charles (Tim) W. McCoy, Jr. (Ret.) 2. Hon. Steven J. Stone (Ret.) 3. Hon. Dickran M. Tevrizian (Ret.) 4. Hon. John Shook (Ret.) 5. Hon. Stephen Lachs (Ret.).
Pursuant to CCP § 1281.6: “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.”
Thus, the motion to appoint arbitrator is granted, in part.
Defendant is ordered to give notice of this ruling.