Judge: Kerry Bensinger, Case: 24STCP01962, Date: 2024-09-18 Tentative Ruling

Case Number: 24STCP01962    Hearing Date: September 18, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:      September 18, 2024                                   TRIAL DATE:  Not set

CASE:                         Maria Botham, et al. v. Farmers Insurance Exchange

CASE NO.:                 24STCP01962

PETITION FOR AN ORDER COMPELLING UNDERINSURED MOTORIST ARBITRATION (C.C.P. § 1281.2)

MOVING PARTY:               Petitioners Maria Botham, et al.

RESPONDING PARTY:     Respondent Farmers Insurance Exchange

I.          INTRODUCTION

On June 10,2021, a vehicle driven by Daniel Ibrahim Lazarnejad (Lazarnejad) collided into the home of Maria Botham (Maria), Georgia Botham (Georgia), and Lucia Botham (Lucia). The vehicle caught fire and exploded.  Lazarnejad died as a result of his injuries.  Maria, Georgia, and Lucia were at the house at the time of the incident. 

As relevant here, Maria, Georgia, and Lucia (collectively, Petitioners) submitted an underinsured motorist (UIM) claim to their insurer, Farmers Insurance Exchange (Respondent), to recover for emotional distress damages.  Respondent denied coverage.  

On May 15, 2024, Respondent filed a declaratory relief action in Case No. 24STCV12267.  Respondent seeks a declaration that Petitioner’ auto policy did not provide coverage for Petitioners’ injuries.

On June 18, 2024, Petitioners filed this Petition for an Order Compelling Underinsured Motorist Arbitration in this court. 

Respondent filed an opposition.  Petitioners replied.

II.        DISCUSSION

            Respondent opposes the instant Petition based partly on the ground it has initiated a declaratory relief action in Case No. 24STCV12267.  As Respondent explains, the declaratory relief action will determine whether Petitioners are entitled to UIM coverage or whether the coverage dispute must be arbitrated.

            The court notes this case and Case No. 24STCV12267 appear to arise from the same dispute.  Case No. 24STCV12267, which is pending before Department 26, is the lower numbered case.  However, the parties have not filed a Notice of Related Case.  The parties are directed to file notice.  The court will continue the hearing for this petition to allow Department 26 to consider whether these actions are related.

III.        CONCLUSION

             The petition is CONTINUED to October 21, 2024 at 8:30 AM.

Clerk of the court to give notice. 

Dated:   September 18, 2024