Judge: Peter A. Hernandez, Case: 23PSCV03068, Date: 2024-02-06 Tentative Ruling

Case Number: 23PSCV03068    Hearing Date: February 6, 2024    Dept: K

Petitioner Mercury Insurance Company’s Petition to Compel Underinsured Motorist Arbitration is DENIED without prejudice.

Background   

On October 4, 2023, Petitioner Mercury Insurance Company (“Petitioner”) filed (and electronically served to attorney Hussein H. Saleh of The Dominguez Firm) a “Petition to Assign Case Number for Purpose of Compel[l]ing Arbitration and for the Court to Select a Neutral Arbitrator.”

On October 13, 2023, Petitioner filed the instant petition.

A Case Management Conference and an Order to Show Cause Re: Failure to File Proof of Service are set for March 7, 2024.

Discussion

Petitioner seeks an order compelling Respondent Maria Vega (“Respondent”) to submit to arbitration.

The petition is summarily denied without prejudice. Petitioner’s counsel David Hillier (“Hillier”) represents that “[P]etitioner’s insurance policy with the relevant portions highlighted” is attached as Exhibit D to his declaration (Hillier Decl., ¶ 9); Exhibit 9, however, appears to be an incomplete copy of the policy, inasmuch as the court is unable to locate the arbitration provision purportedly contained therein (i.e., as set forth on page 4 of the petition).

Further, it is unclear whether or not Respondent received service of a copy of the petition and notice of the hearing in compliance with Code of Civil Procedure § 1290.4[1]. The proof of service accompanying the petition reflects that the petition was only electronically served on attorney Hussein H. Saleh of The Dominguez Firm. If Petitioner has, in fact, quoted the entirety of the arbitration policy on page 4 of the petition correctly, then it would appear to the court that service of the petition must be made pursuant to subdivision (b)(1), which has not been done.