Judge: Olivia Rosales, Case: 22NWCP00126, Date: 2022-08-23 Tentative Ruling

Case Number: 22NWCP00126    Hearing Date: August 23, 2022    Dept: SEC

SCHWARTZ v. FARMERS INSURANCE COMPANY, INC., et al.

CASE NO.:  22NWCP00126

HEARING:  8/23/22 @ 10:30 AM

JUDGE:  OLIVIA ROSALES

#3

TENTATIVE RULING

Petitioner Schwartz’s motion to compel arbitration is GRANTED.  The action is STAYED pending arbitration.

Moving party to give NOTICE.

Petitioner Schwartz moves to compel arbitration pursuant to CCP § 1281.2.

A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.  (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues.  (CCP § 1281.2.)

At the prior hearing on May 24, 2022, Defendant American Family Home Insurance Company (“AFH”) indicated that it has agreed to arbitration.  However, AFH requested that it be given the opportunity to complete outstanding discovery to address the coverage issues.

The court indicated that Petitioner may file and serve a supplemental brief by August 9, 2022, and any supplemental opposition may be filed and served by August 16, 2022.  

Petitioner’s supplemental brief indicates that all discovery has been completed, and the parties have not made any progress.  AFH failed to file any supplemental opposition.

Accordingly, the motion is GRANTED.  The action is STAYED pending arbitration.