Judge: Shirley K. Watkins, Case: 22VECP00696, Date: 2023-01-30 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 22VECP00696    Hearing Date: January 30, 2023    Dept: T

            [TENTATIVE] ORDER:  Petitioner Hossein Fassonaki and Farrah Fassonaki’s Petition to Compel Arbitration is CONTINUED.  An OSC re: Service of the Petition and filing of arbitration agreement is set for _____________, 2023 at 8:30 a.m. in Dept. T. 

Introduction

            Petitioners Hossein Fassonaki and Farrah Fassonaki’s (collectively, Petitioners) filed this petition to compel Uninsured/Underinsured Motorist (UM) arbitration with Respondent United Financial Casualty Company (Respondent.)  Respondent has not appeared in this action and not filed an opposition to the Petition.

            Procedure

            Petitioners requested UM arbitration with Respondent under Insurance Code section 11580.2(f) and a purported arbitration provision in the Policy issued by Respondent.  Per Code of Civil Procedure section 1290.4(a), a petition to compel arbitration and written notice of the hearing is required to be served in the manner provided in the arbitration agreement.  Petitioners did not submit a copy of the relevant portions of the Policy which would show the manner of service for the instant Petition and Notice. If the arbitration agreement does not state the manner for service, then service is required to be made in the manner for service of summons in an action when the person to be served has not appeared in the action.  (Code Civ. Proc. sec. 1290.4(b)(1).)  The Petition and the Notice were both served upon Respondent’s counsel via email.  Email is not a proper method of serving a summons.  Without proper service of the Petition and Notice, this Court lacks jurisdiction over Respondent.  Without jurisdiction over Respondent, any ruling made on this Petition would be void. 

            The Court further noted that Petitioners failed to submit a copy of the arbitration agreement.  Without submission of an arbitration agreement, there is insufficient showing of entitlement to an arbitration.

            The hearing on the Petition is CONTINUED to allow Petitioners to properly serve Respondent.  The Court sets an OSC re: service of the petition. 

            IT IS SO ORDERED, ____________________ TO GIVE NOTICE.