Judge: Michael E. Whitaker, Case: 25SMCV00741, Date: 2025-06-05 Tentative Ruling

Case Number: 25SMCV00741    Hearing Date: June 5, 2025    Dept: 207

TENTATIVE RULING

MOTION

This case arises from a dispute concerning the payment of underinsured motorist benefits. 

On February 11, 2025, Plaintiff Kaveh Harounian (“Plaintiff”) filed suit against Defendant Geico Indemnity Company (“Defendant”) alleging four causes of action for (1) breach of the implied covenant of good faith and fair dealing; (2) fraud; (3) intentional misrepresentation; and (4) negligent misrepresentation. 

Defendant now moves to compel arbitration.  The motion is unopposed. 

NOTICE OF MOTION

            As a threshold matter, Code of Civil Procedure section 1005 requires that written notice of the motion and supporting papers be served on the opposing party at least 16 court days prior to the hearing.  Here, the proofs of service indicate the motion and supporting papers were served electronically on Plaintiff’s counsel “by causing the foregoing document(s) to be electronically filed using the Court’s Electronic Filing System which constitutes service of the filed document(s) on the individual(s) listed.” 

            Electronically filing a document does not constitute service of that document.  Rather, the moving party must separately serve the document on the opposing party.  Electronic service can be effectuated by electing to have a third-party e-service provider send an electronic copy of the filing to the recipient, or by separately emailing the documents.  But merely filing documents electronically does not constitute service of those documents.  

            As such, Defendant has not demonstrated that the motion and supporting papers have been served on Plaintiff’s counsel in accordance with the requirements of Section 1005, depriving Plaintiff of procedural due process.

CONCLUSION

            Therefore, in lieu of denying the motion, the Court continues the hearing on the motion to compel arbitration to July 23, 2025 at 8:30 A.M. in Department 207.  Defendant shall serve the motion forthwith, and file the proof of service before the continued hearing.  All opposition and reply papers shall be filed and served in accordance with Code of Civil Procedure section 1005. 

            Further, on the Court’s own motion, the Court continues the Case Management Conference from June 13, 2025 to July 23, 2025 at 8:30 A.M. in Department 207.  All parties shall comply with California Rules of Court, rules 3.722, et seq., regarding Initial and Further Case Management Conferences.  In particular, all parties shall adhere to the duty to meet and confer (Rule 3.724) and to the requirement to prepare and file Case Management Statements (Rule 3.725). 

Defendant shall provide notice of the Court’s orders and file the notice with a proof of service forthwith.

DATED:  June 5, 2025                                                           ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court