Judge: Holly J. Fujie, Case: 23STCV15837, Date: 2023-10-05 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 23STCV15837    Hearing Date: October 5, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Petitioner

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served within 10 days of service as provided under California Code of Civil Procedure (“CCP”) section 1290.6.

BACKGROUND

            On July 7, 2023, Petitioner filed a petition (the “Petition”) to establish jurisdiction over an underinsured motorist action. 

On July 10, 2023, Petitioner filed a motion to compel arbitration (the “Motion”) on the ground that Respondent has failed to respond to Petitioner’s repeated demands to commence uninsured motorist arbitration.

DISCUSSION

The purpose of the Federal Arbitration Act (“FAA”) is to move the parties in an arbitrable dispute out of court and into arbitration as quickly and easily as possible.  (Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp. (1983) 460 U.S. 1, 23.)  The FAA is consistent with the federal policy to ensure the enforceability, according to their terms, of private agreements to arbitrate.  (Mastrobuono v. Shearson Lehman Hutton, Inc. (1995) 514 U.S. 52, 57.) 

California law, like federal law, favors enforcement of valid arbitration agreements.  (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.)  Under California Code of Civil Procedure (“CCP”) section 1281, a written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable, and irrevocable, save upon such grounds as exist for the revocation of any contract.  (CCP § 1281.)  On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy unless grounds exist not to compel arbitration.  (CCP § 1281.2.) 

            Under Insurance Code section 11580.2, subdivision (f), disputes over damages in uninsured/underinsured motorist claims are to be resolved in arbitration.  (See Ins. Code § 11580.2, subd. (f).) 

            Petitioner has a motorist policy with Respondent.  (Declaration of Rackohn (“Rackohn Decl.”) ¶ 2.)   Respondent has not responded to Plaintiff’s demands for arbitration.

            As it is unopposed, the Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  The Court STAYS this matter pending the resolution of arbitration.  The Court sets a status conference on March 6, 2024 at 8:30 a.m. in this department.  The parties are ordered to file a joint status report by February 28, 2024. 

 Moving party is ordered to give notice of this ruling. 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

       Dated this 5th day of October 2023