Judge: Lisa R. Jaskol, Case: 23STCV14870, Date: 2023-11-27 Tentative Ruling

Case Number: 23STCV14870    Hearing Date: November 27, 2023    Dept: 28

Having considered the moving and responding papers, the Court rules as follows. 

BACKGROUND 

On June 27, 2023, Plaintiff Marjorie Gross (“Plaintiff”) filed this action against Defendants Javier Juarez (“Juarez”), Hildebrando Mendoza (“Mendoza”), and Does 1-25 for motor vehicle tort and negligence (case number 23STCV14870). 

On September 11, 2023, “Claimant” Marjorie Gross ("Claimant") filed a petition to appoint an arbitrator.  The petition was filed in case number 23STCV14870, but the case was captioned “Marjorie Gross, Claimant, vs. Farmers Direct Property and Casualty Insurance Company, Respondent.”  The petition was scheduled to be heard on November 27, 2023. 

On October 11, 2023, Elizabeth M. Chidi, counsel for Farmers Direct Property and Casualty Insurance Company (“Farmers”), filed a declaration in response to the petition to appoint an arbitrator. 

Trial is currently scheduled for December 24, 2024. 

REQUESTS 

Claimant requests that the Court appoint an arbitrator to arbitrate what appears to be a dispute with Farmers about uninsured motorist insurance benefits. 

Farmers’ counsel asks that the Court order a panel of arbitrators who are not from a particular alternative dispute resolution company. 

DISCUSSION         

Neither Claimant nor Farmers explains why their dispute over appointment of an arbitrator for an uninsured motorist claim is before this Court.  The only authority cited, Code of Civil Procedure section 1281.6, concerns the appointment of an arbitrator.  The statute does not, on its face, authorize a plaintiff to bring an insurance company into her personal injury case as a “Respondent” without first suing and serving the insurance company. 

The Court continues the hearing on the petition to give Claimant an opportunity to bring to the Court’s attention legal authority supporting Claimant’s belief that the Court may properly consider, in this personal injury case, Claimant’s dispute with Farmers over selection of an arbitrator for an uninsured motorist claim. 

CONCLUSION 

The Court CONTINUES Claimant Marjorie Gross’s petition to appoint an arbitrator to December 18, 2023, at 1:30 p.m. in Department 28 of the Spring Street Courthouse. 

Claimant is ordered to submit legal authority, if any, by December 14, 2023, showing that the Court has jurisdiction in this personal injury case to consider Claimant’s dispute with Farmers over appointment of an arbitrator for Claimant’s uninsured motorist claim. 

Petitioning party is ordered to give notice of this ruling. 

Petitioning party is ordered to file the proof of service of this ruling with the Court within five days.