Judge: Randolph M. Hammock, Case: 23STCP04634, Date: 2024-01-24 Tentative Ruling

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If the interested parties wish to submit on the tentative ruling, they should call the judicial assistant together prior to the date of the scheduled hearing. 


Case Number: 23STCP04634    Hearing Date: January 24, 2024    Dept: 49

Richard I. Berg v. State Farm General Insurance Company

PETITION TO COMPEL ARBITRATION
 

MOVING PARTY: Petitioner Richard I. Berg

RESPONDING PARTY: None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Petitioner Richard I. Berg moves to compel arbitration against Respondent State Farm General Insurance Company under an underinsured motorist policy following a car and bike accident. 

Respondent State Farm has not filed a response to the petition.  [FN 1]

TENTATIVE RULING:

Petitioner’s Petition to Compel Arbitration is CONTINUED to 3/1/24 at 8:30 a.m. to allow Petitioner to file a copy of the arbitration provision.

Petitioner to give notice of the new date, and the supplemental moving papers by personal service, or in any other manner in which to serve a Summons and Complaint.

DISCUSSION:

Petition to Compel Arbitration

Petitioner moves to compel arbitration against Respondent State Farm under CCP section 1281.2. 

Petitioner represents that he was “badly injured in a car vs. bike accident” on August 13, 2021. (Ruttenberg Decl. ¶ 2.) Petitioner had an umbrella insurance policy that contained uninsured or underinsured motorist coverage in the amount of $5 million. (Id.) Petitioner settled his personal injury claims against the underinsured motorist in exchange for her insurer’s payment of full policy limits of $100,000. (Id. ¶ 3.) However, Petitioner claims damages well in excess of $100,000, and therefore seeks underinsured motorist benefits under his State Farm policy. (Id.) State Farm “has ignored or declined Petitioner’s requests” to arbitrate. (Id. ¶ 4.)

Petitioner contends the Policy includes an arbitration provision. (Id. ¶ 2.) However, Petitioner has not quoted the provision nor provided a copy of the Policy containing the provision. For a petitioner to meet his burden, the petition to compel arbitration must set forth the provisions of the written agreement and the arbitration clause verbatim, or, the provisions must be physically or electronically attached and incorporated by reference. (CRC 3.1330; see Condee v. Longwood Mgmt. Corp. (2001) 88 Cal. App. 4th 215, 218-219.) 

Therefore, Petitioner has not met his burden to establish the existence of an agreement to arbitrate. Petitioner can easily remedy this defect by filing a copy of the Policy containing the provision, or at the very least, providing the text of the provision in a declaration. 

Accordingly, Petitioner’s Petition to Compel Arbitration is CONTINUED.

IT IS SO ORDERED.

Dated:   January 24, 2024 ___________________________________
Randolph M. Hammock
Judge of the Superior Court

FN 1 - Petitioner filed a Proof of Service showing service of the petition and notice of hearing by personal service on December 28, 2023. (See 01/05/2024 Proof of Service.)