Judge Melvin D. Sandvig, Case Number: 23CHCP00253, Date: 2023-10-06 Tentative Ruling

Judge: Melvin D. Sandvig, Case: 23CHCP00253, Date: 2023-10-06 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247. Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 23CHCP00253 Hearing Date: October 6, 2023 Dept: F47

Dept. F47

Date: 10/6/23

Case #23CHCP00253

PETITION TO OPEN SUPERIOR COURT FILE

Petition filed on 6/13/23.

MOVING PARTY: Petitioner United Financial Casualty Company

RESPONDING PARTY: Respondent Colin Boatman

RELIEF REQUESTED: An order opening a Superior Court file, secure a case number and thereby bring this matter under the jurisdiction of the Court.

RULING:

On 6/13/23, Petitioner United Financial Casualty Company (Petitioner) filed this “Petition to Open Superior Court File For The Purpose of Establishing Superior Court Jurisdiction Over Underinsured Motorist Arbitration” against Respondent Colin Boatman (Respondent). The petition indicates that the action is proceeding by way of arbitration pursuant to the underinsured motorist provisions of Plumbing Solutions Inc.’s insurance policy maintained with Petitioner. The petition further indicates that this Court has the power to resolve matters relative to cases pending in such arbitration pursuant to Insurance Code 11580.2(f).

Attached to the petition is a proof of service indicating that the petition was served on attorney Niko Paris of Law Offices of Niko Paris by email/electronic transmission on 6/13/23 as attorney for Respondent. On 8/28/23, Petitioner filed a Notice of Hearing on the Petition giving notice of the hearing set for 10/6/23. This notice was also served on attorney Niko Paris by email/electronic service as attorney for Respondent. However, Respondent has not appeared in this action and there is no evidence before the Court that attorney Niko Paris represents Respondent such that Respondent had proper notice of this hearing.

If Respondent and/or attorney Paris appear at the hearing, acknowledge attorney Paris’ representation of Respondent and concede receipt of the petition, the petition will be granted. In such case, attorney Paris shall provide the Court with his address, telephone number and email address to be entered as the address of record for Respondent in eCourt. If not, the hearing will be continued to allow Petitioner to either personally serve Respondent with the petition or explain why such personal service is not required (i.e., provide evidence that attorney Paris represents Respondent and evidence of attorney Paris’ contact information).