Judge: Lee W. Tsao, Case: 23NWCV03289, Date: 2024-06-05 Tentative Ruling

Case Number: 23NWCV03289    Hearing Date: June 5, 2024    Dept: C

TONIA FLORES, ET AL. v. SAFECO INSURANCE

CASE NO.:  23NWCV03289

HEARING:  6/5/24 @ 9:30 A.M.

#10

TENTATIVE RULING

Plaintiffs Tonia and Allen Flores’s motion to compel arbitration is CONTINUED.

Moving Party to give NOTICE.

On September 28, 2022, DOE defendants 1 through 25 collided with the vehicle driven by plaintiff Allen Burton Flores, causing it to collide with another vehicle driven by plaintiff Tonia Andrus Flores. DOE defendants 1 through 25 did not stop and identify themselves. Plaintiffs submitted the claim arising out of the collision to defendant Safeco Insurance, which provides them uninsured and underinsured motorist automobile coverage.

Plaintiffs move to compel arbitration.  Respondent filed a late opposition on June 4, 2024. 

Discussion

Parties may be compelled to arbitrate a dispute upon the court finding the following: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties’ dispute.¿(Code Civ. Proc., § 1281.2; Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.)

A party petitioning to compel arbitration has the burden of establishing the existence of a valid agreement to arbitrate and the party opposing the petition has the burden of proving, by a preponderance of the evidence, any fact necessary to its defense. (Banner Entertainment, Inc. v. Super. Ct.¿(1998) 62 Cal.App.4th 348, 356-57.) 

Plaintiffs did not establish that they served Defendant with the instant motion. They did not submit proof of service. Generally, a noticed motion must be given whenever the order sought may affect the opposing party’s rights. (McDonald v. Severy (1936) 6 Cal.2d 629, 631.)  However, the issue appears moot because Respondent filed an opposition on June 4, 2024. 

On its own motion, the Court continues Plaintiff’s motion to compel arbitration to Wednesday, July 10, 2024 at 10:30 A.M. in Dept. SE-C.  Reply is due July 2, 2024.