Judge: Kerry Bensinger, Case: 20STCV10765, Date: 2023-05-03 Tentative Ruling

Case Number: 20STCV10765    Hearing Date: May 3, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 3, 2023                           TRIAL DATE:  N/A

CASE:                         Safeco Insurance Company of America v. Joseph Merdkhanian

CASE NO.:                 20STCV10765

RESPONDENT SAFECO INSURANCE COMPANY OF AMERICA’S PETITION TO COMPEL UNDERINSURED MOTORIST ARBITRATION

MOVING PARTY:               Respondent Safeco Insurance Company of America

RESPONDING PARTY(S): N/A

I.          INRODUCTION

On March 17, 2022, Respondent Safeco Insurance Company of America filed this petition to open a civil case and assign a case number to an underinsured motorist arbitration against Claimant Joseph Merdkhanian. 

On March 9, 2022, after Claimant failed to select an arbitrator or proceed to arbitration, Respondent filed this motion to compel arbitration and to appoint a neutral arbitrator.  The motion is unopposed.

II.        LEGAL STANDARD

“A written agreement to submit to Arbitration an existing controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds that exist for the revocation of any contract.”  (Code Civ. Proc., §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 thereto refuses to arbitrate such controversy, the Court shall Order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that:

(a) The right to compel Arbitration has been waived by the petitioner;

(b) Grounds exist for the revocation of the agreement; or

(c) A party to the Arbitration agreement is also a party to a pending Court action or special proceeding with a third party, arising out of the same transaction or series of related transaction and there is a possibility of conflicting ruling on a common issues of law or fact…”  (Code Civ. Proc., § 1281.2.)

Code of Civil Procedure section 1281.6 further provides: If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed.  In the absence of an agreed method, or if the agreed method fails, 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 and the parties 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 of Civ. Proc., § 1281.6.)   

III.       DISCUSSION

The Court has reviewed the Petition and finds that it cannot be granted at this time.  Respondent attaches a copy of the Declarations Pages confirming a policy agreement but does not provide a copy of the policy agreement itself.  Without the policy agreement, the Court cannot appoint a neutral arbitrator pursuant to the terms of the agreement, let alone confirm whether an arbitration agreement exists. (See Izurieta Decl., ¶ 4, Ex A.) 

IV.       CONCLUSION

Accordingly, Respondent’s petition to compel arbitration is CONTINUED to May 31, 2023 at 1:30 p.m. in Department 27 of the Spring Street Courthouse.  Respondent is ordered to file supporting documents no later than 5 court days before the hearing.   

Moving party to give notice. 

Dated:   May 3, 2023                                   ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.