TENTATIVE

Petitioner Blue Hill Specialty Insurance Co.’s Petition to Compel Arbitration and Appoint a Neutral Arbitrator is GRANTED. The Parties shall have five days to select an arbitrator from the following: (1) Margaret Grignon, (2) Andrew F. Kaufman, (3) Hon. Elizabeth Feiffer, (4) Hon. Stephen Sundvold, or (5) Hon. Benny Osorio. The parties may also agree on an arbitrator not on the Court’s list.  If the parties cannot choose an arbitrator after five days, they may petition the Court to select one.

Legal Standard

A written agreement to submit to arbitration, a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (Code Civ. Proc., § 1281.) California has a strong public policy in favor of arbitration. (Moncharsh v. Heily & Blase´ (1992) 3 Cal.4th 1, 9.) 

On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and where a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate if it determines an agreement to arbitrate the controversy exists. (Code Civ. Proc., § 1281.2; Gorlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505 [noting that “when presented with a petition to compel arbitration, the trial court's first task is to determine whether the parties have in fact agreed to arbitrate the dispute”].)  

In deciding a petition to compel arbitration, trial courts must first decide whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue of whether the claims are covered within the scope of the agreement. (Omar v. Ralphs Grocer Co. (2004) 118 Cal.App.4th 955, 961.) The initial burden is on the party petitioning to compel arbitration to prove the existence of the agreement by a preponderance of that evidence. (Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) 

Once petitioners allege that an arbitration agreement exists, the burden shifts to respondents to prove the falsity of the purported agreement, and no evidence or authentication is required to find the arbitration agreement exists. (Condee v. Longwood Mgt. Corp. (2001) 88 Cal.App.4th 215, 219.) 

Under Code of Civil Procedure section 1281.6, where an arbitration agreement does not specify a method for appointment of an arbitrator, the parties may bring a petition to have the Court appoint the arbitrator. To do so, the Court must nominate five persons from lists of candidates supplied jointly by the parties, from governmental agencies concerned with arbitration, or from private disinterested arbitration associations. The parties then have five days within which to jointly select the arbitrator (which may be from a name not on the list), after which the Court must appoint an arbitrator from the five nominees. (Code Civ. Proc., § 1281.6.) 

Discussion

On or around August 27, 2020, Petitioner entered into an agreement with Uber Technologies, Inc., whereby Petitioner agreed to provide uninsured/underinsured motorist coverage to Uber Technologies, Inc. passengers, including Respondents, for the period of September 1, 2020 through March 1, 2021. (Balady Decl. at ¶ 2.) Part III of the Policy provides that if the parties cannot agree on “the amount of damages sustained by the insured,” the disagreement “will be determined by arbitration.”

The Parties agree that the matter needs to be arbitrated, but they have been unable to reach an agreement on whom to use. 

Respondent proposes (1) Robert Hanger, (2) Robert Letteau, (3) Margaret Grignon, (4) Victor Reichmon, (5) Mary Thorton House, (6) Andy Kaufman, or (7) Alan Penkower.

Petitioner proposes: (1) Hon. Robert Polis, (2) Hon. Elizabeth Feiffer, (3) Hon. Stephen Sundvold, (4) Hon. David Velasquez, (5) Hon. Suzanne Bruguera, (6) Hon. Joe Hilberman, (7) Hon. Mary Fingal Schultz, (8) Hon. Edward Ferns, (9) Hon. Lisa Hart or (10) Hon. Daniel Buckley.

Conclusion

In light of the Parties’ agreement on the need for arbitration, Plaintiff’s petition is GRANTED. The Parties shall have five days to select an arbitrator from the following: (1) Margaret Grignon, (2) Andrew F. Kaufman, (3) Hon. Elizabeth Feiffer, (4) Hon. Stephen Sundvold, or (5) Hon. Benny Osorio. The parties may also agree on an arbitrator not on the Court’s list.  If the parties cannot choose an arbitrator after five days, they may petition the Court to select one.

Moving party is ordered to give notice.