Judge: Layne H. Melzer, Case: 2022-01277614, Date: 2022-09-29 Tentative Ruling

Petitioner Justin Braga
Motion to Compel Arbitration

Petitioner Justin Braga’s petition to compel arbitration of his underinsured motorist claim is denied without prejudice.

Pursuant to Code of Civil Procedure section 1290.4, the petition, notice of hearing, and supporting papers must be served either “in the manner provided in the arbitration agreement for the service of such petition and notice” or, if the respondent has not yet appeared in the civil action as is the case here, in the manner of service of a summons, which include: (1) notice and acknowledgement (Code Civ. Proc., § 415.30); (2) personal service (Code Civ. Proc., § 415.10); (3) if those fail, then substitute service (Code Civ. Proc., § 415.20, subd. (b)); or (4) as a last resort, publication (Code Civ. Proc., § 415.50).

Petitioner has filed no proofs of service, so there is no evidence in the file that Petitioner has complied with Code of Civil Procedure section 1290.4

In addition, Petitioner has not submitted the policy to establish both coverage and any agreement regarding rules or procedures for arbitration.