This case was last updated from Los Angeles County Superior Courts on 10/21/2020 at 00:47:38 (UTC).

ALLIED PROPERTY & CASUALTY INSURANCE COMPANY VS COMMERCE WEST INSURANCE COMPANY

Case Summary

On 09/17/2019 ALLIED PROPERTY CASUALTY INSURANCE COMPANY filed an Other - Arbitration lawsuit against COMMERCE WEST INSURANCE COMPANY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3996

  • Filing Date:

    09/17/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

ALLIED PROPERTY & CASUALTY INSURANCE COMPANY

Respondent

COMMERCE WEST INSURANCE COMPANY

Attorney/Law Firm Details

Petitioner Attorney

BENSON SUSAN M

 

Court Documents

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

10/19/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Supplemental Declaration (name extension) - Supplemental Declaration Further Declaration re: Supplemental Documents in Support of Plaintiff's Petition to Confirm Arbitration Award

10/19/2020: Supplemental Declaration (name extension) - Supplemental Declaration Further Declaration re: Supplemental Documents in Support of Plaintiff's Petition to Confirm Arbitration Award

Notice (name extension) - Notice of Continued Petition Hearing

10/19/2020: Notice (name extension) - Notice of Continued Petition Hearing

Supplemental Declaration (name extension) - Supplemental Declaration Further Declaration re: Supplemental Documentation in Support of Petition to Confirm Arbitration Award

7/13/2020: Supplemental Declaration (name extension) - Supplemental Declaration Further Declaration re: Supplemental Documentation in Support of Petition to Confirm Arbitration Award

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

8/5/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Ruling - Notice of Ruling

3/12/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

3/11/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Supplemental Declaration (name extension) - Supplemental Declaration AMENDED Supplemental Declaration in Support of Petition to Confirm Arbitration Award

2/19/2020: Supplemental Declaration (name extension) - Supplemental Declaration AMENDED Supplemental Declaration in Support of Petition to Confirm Arbitration Award

Notice of Ruling - Notice of Ruling

1/22/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

1/21/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Proof of Personal Service - Proof of Personal Service

11/22/2019: Proof of Personal Service - Proof of Personal Service

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

11/22/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9/17/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

9/17/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Petition

9/17/2019: Summons - Summons on Petition

First Amended Standing Order - First Amended Standing Order

9/17/2019: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

9/17/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

8 More Documents Available

 

Docket Entries

  • 11/19/2020
  • Hearing11/19/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 10/19/2020
  • DocketSupplemental Declaration Further Declaration re: Supplemental Documents in Support of Plaintiff's Petition to Confirm Arbitration Award; Filed by: Allied Property & Casualty Insurance Company (Petitioner)

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  • 10/19/2020
  • DocketNotice of Continued Petition Hearing; Filed by: Allied Property & Casualty Insurance Company (Petitioner); As to: Commerce West Insurance Company (Respondent)

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  • 10/19/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 10/19/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 10/19/2020 at 11:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/19/2020 10:30 AM

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  • 08/05/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 08/05/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 08/05/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 10/19/2020 11:00 AM

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  • 07/13/2020
  • DocketSupplemental Declaration Further Declaration re: Supplemental Documentation in Support of Petition to Confirm Arbitration Award; Filed by: Allied Property & Casualty Insurance Company (Petitioner)

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  • 04/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/23/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 05/28/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/05/2020 10:00 AM

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9 More Docket Entries
  • 11/22/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Allied Property & Casualty Insurance Company (Petitioner)

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  • 11/22/2019
  • DocketProof of Personal Service; Filed by: Allied Property & Casualty Insurance Company (Petitioner); As to: Commerce West Insurance Company (Respondent); Service Date: 10/24/2019; Service Cost: 75.50; Service Cost Waived: No

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  • 09/18/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/18/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 09/17/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/17/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/17/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 09/17/2019
  • DocketSummons on Petition; Issued and Filed by: Allied Property & Casualty Insurance Company (Petitioner); As to: Commerce West Insurance Company (Respondent)

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  • 09/17/2019
  • DocketCivil Case Cover Sheet; Filed by: Allied Property & Casualty Insurance Company (Petitioner); As to: Commerce West Insurance Company (Respondent)

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  • 09/17/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: Allied Property & Casualty Insurance Company (Petitioner); As to: Commerce West Insurance Company (Respondent)

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Tentative Rulings

Case Number: 19STCP03996    Hearing Date: October 19, 2020    Dept: 25

HEARING DATE: Mon., October 19, 2020 JUDGE/DEPT: Blancarte/25

CASE NAME: Allied Property & Casualty Ins. Co. v. Commerce West Ins. Co.

CASE #: 19STCP03996 PET. FILED: 09-17-19

NOTICE: NO (continued hearing)

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Allied Property & Casualty Insurance Co.

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Allied Property & Casualty Insurance Company’s Petition to Confirm Arbitration Award is PLACED OFF CALENDAR.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Service of Arbitration Award by Arbitrator (CCP § 1283.6) OK

[X] Service of Notice & Petition as Summons or Agreement (CCP § 1290.4) OK

OPPOSITION: None filed as of October 15, 2020 [ ] Late [X] None

REPLY: None filed as of October 15, 2020 [ ] Late [X] None

ANALYSIS:

I. Background & Discussion

Petitioner Allied Property & Casualty Insurance Company (“Petitioner”) states that both Petitioner and Respondent Commerce West Insurance Company (“Respondent”) are members of Arbitration Forums, Inc. (“Forums”) (Pet., ¶ 5.) Forums is an arbitration and subrogation services provider. The parties submitted their dispute over liability coverage to arbitration to Forums on October 17, 2018. (Pet., Attach. 8(c).)

On January 4, 2019, Arbitrator Jennifer Solomon (“Arbitrator”) rendered an award for Petitioner in the amount of $6,421.67 (the “Arbitration Award”). (Pet., ¶ 8, Attach. 8(c).)

On September 17, 2019, Petitioner filed the instant Petition to Confirm the Arbitration Award (the “Petition”). No opposition was filed.

On January 21, 2020, the Court continued the hearing because Petitioner did not provide evidence that a valid arbitration agreement existed between the parties or evidence that the neutral arbitrator had served the Arbitration Award on the parties. (1/21/20 Minute Order.) On March 11, 2020, the Court continued the hearing again because Petitioner’s evidence still did not demonstrate Respondent was a party to the arbitration agreement with Forums. (3/11/20 Minute Order.)

On July 13, 2020, Petitioner filed a supplemental declaration from its attorney, Christina Cicione. At the continued hearing on August 5, 2020, neither party appeared. (8/5/20 Minute Order.) The Court noted that although Petitioner’s counsel’s supplemental declaration stated exhibits 9-11 in support of the Petition were attached, exhibit 10 was incomplete and exhibit 11 was entirely missing. (Id.) For this reason, the Court once again continued the matter and ordered Petitioner to file and serve the missing exhibits. (Id.)

To date, Petitioner has not filed any supplemental papers as requested. Accordingly, the Petition is PLACED OFF CALENDAR.

II. Conclusion & Order

For the foregoing reasons, Petitioner Allied Property & Casualty Insurance Company’s Petition to Confirm Arbitration Award is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 19STCP03996    Hearing Date: August 05, 2020    Dept: 25

HEARING DATE: Wed., August 5, 2020 JUDGE/DEPT: Blancarte/25

CASE NAME: Allied Property & Casualty Ins. Co. v. Commerce West Ins. Co.

CASE #: 19STCP03996 PET. FILED: 09-17-19

NOTICE: OK

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner Allied Property & Casualty Insurance Co.

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Allied Property & Casualty Insurance Company’s Petition to Confirm Arbitration Award is CONTINUED to OCTOBER 19, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days prior to the new hearing date, Petitioner must file supplemental papers correcting the deficiencies discussed herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Service of Arbitration Award by Arbitrator (CCP § 1283.6) OK

[X] Service of Notice & Petition as Summons or Agreement (CCP § 1290.4) OK

OPPOSITION: None filed as of August 3, 2020 [ ] Late [X] None

REPLY: None filed as of August 3, 2020 [ ] Late [X] None

ANALYSIS:

I. Background & Discussion

Petitioner Allied Property & Casualty Insurance Company (“Petitioner”) states that both Petitioner and Respondent Commerce West Insurance Company (“Respondent”) are members of Arbitration Forums, Inc. (“Forums”) (Pet., ¶ 5.) Forums is an arbitration and subrogation services provider. The parties submitted their dispute over liability coverage to arbitration to Forums on October 17, 2018. (Pet., Attach. 8(c).)

On January 4, 2019, Arbitrator Jennifer Solomon (“Arbitrator”) rendered an award for Petitioner in the amount of $6,421.67 (the “Arbitration Award”). (Pet., ¶ 8, Attach. 8(c).)

On September 17, 2019, Petitioner filed the instant Petition to Confirm the Arbitration Award (the “Petition”). No opposition was filed.

On January 21, 2020, the Court continued the hearing because Petitioner did not provide evidence that a valid arbitration agreement existed between the parties or evidence that the neutral arbitrator had served the Arbitration Award on the parties. (1/21/20 Minute Order.) On March 11, 2020, the Court continued the hearing again because Petitioner’s evidence still did not demonstrate Respondent was a party to the arbitration agreement with Forums. (3/11/20 Minute Order.)

On July 13, 2020, Petitioner filed a supplemental declaration from its attorney, Christina Cicione. The declaration states that three exhibits are attached, Exhibits 9 through 11. (7/13/20 Supp. Cicione Decl., ¶¶ 4-6.) One of those exhibits is a copy of Respondent’s executed arbitration agreement. (Id.) However, Exhibit 10 is incomplete and Exhibit 11 not attached. (See id.) Thus, the Court will continue the hearing one last time to allow Petitioner to file and serve the missing exhibits.

IV. Conclusion & Order

For the foregoing reasons, Petitioner Allied Property & Casualty Insurance Company’s Petition to Confirm Arbitration Award is CONTINUED to OCTOBER 19, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days prior to the new hearing date, Petitioner must file supplemental papers correcting the deficiencies discussed herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.

Case Number: 19STCP03996    Hearing Date: March 11, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Allied Property & Casualty Insurance Company’s Petition to Confirm Arbitration Award is CONTINUED to MAY 28, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days prior to the new hearing date, Petitioner is to file supplemental papers correcting the deficiencies discussed herein. Failure to do so may result in the Petition being placed off calendar or denied.

ANALYSIS:

I. Background

Petitioner Allied Property & Casualty Insurance Company (“Petitioner”) states that both Petitioner and Respondent Commerce West Insurance Company (“Respondent”) are members of Arbitration Forums, Inc. (“Forums”) (Pet., ¶ 5.) Forums is an arbitration and subrogation services provider. The parties submitted their dispute over liability coverage to arbitration to Forums on October 17, 2018. (Pet., Attach. 8(c).)

On January 4, 2019, Arbitrator Jennifer Solomon (“Arbitrator”) rendered an award for Petitioner in the amount of $6,421.67 (the “Arbitration Award”). (Pet., ¶ 8, Attach. 8(c).)

On September 17, 2019, Petitioner filed the instant Petition to Confirm the Arbitration Award (the “Petition”). No opposition was filed.

On January 21, 2020, the Court continued the hearing because Petitioner did not provide evidence that a valid arbitration agreement existed between the parties or evidence that the neutral arbitrator had served the Arbitration Award on the parties. (1/21/20 Minute Order.)

On February 18, 2020, Petitioner filed a Supplemental Declaration in Support of its Petition, and on February 19, 2020, it filed an Amended Supplemental Declaration. 

II. Legal Standard

“Regardless of the particular relief granted, any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.”  (O’Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.)  “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.”  (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) “It is well settled that the scope of judicial review of arbitration awards is extremely narrow.”  (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.)  “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator’s reasoning, nor may we correct or review an award because of an arbitrator’s legal or factual error, even if it appears on the award’s face.”  (EHM Productions at p. 1063-64.)

III. Discussion

A.

Code of Civil Procedure, section 1285.4 states: “A petition under this chapter shall:

  1. Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement.

  2. Set forth the names of the arbitrators.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Petitioner submits a copy of the Arbitration Award (Pet., Attach. 8(c)), which includes the identity of the Arbitrator. (Id.) In its original moving papers, Petitioner states that the parties separately signed an Automobile Subrogation Arbitration Agreement (the “Arbitration Agreement”) with Forums. (Id., Attach. 4(b).) In its supplemental declaration, Petitioner provides copies of the Arbitration Agreement signed by Petitioner and by MAPFRE Insurance Company of Florida. (Supp. Cicione Decl., ¶ 3, Exhs. 1-2.) Petitioner argues that MAPFRE Insurance Company of Florida is Respondent’s parent company and, as evidence, submits an online copy of Forums’ member directory printed on February 18, 2020. (Id. at ¶ 4, Exh. C.) The member directory, however, does not demonstrate that MAPFRE Insurance Company of Florida is Respondent’s parent company. (Id.) Instead, it appears that MAPFRE U.S.A. Corp. is the parent company of a number of companies, including Respondent, and that MAPFRE Insurance Company of Florida is one of the subsidiaries. (Id.) In addition, although the copy of the online member directory shows that Respondent is a participant in Forums’ auto arbitration program as of February 18, 2020, the date it was printed, it does not demonstrate an arbitration agreement existed at the time the Arbitration Award was rendered. 

Thus, because Petitioner did not provide a copy of the Arbitration Agreement executed by Respondent, it still not satisfied Code of Civil Procedure section 1285.4.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (Code Civ. Proc., §§ 1283.6, 1290.4)

Code of Civil Procedure, section 1283.6 provides that “[t]he neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.”  (Italics added.)

Code of Civil Procedure, section 1290.4 states, in pertinent part:

“(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: ¶ (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.

Here, the Arbitration Agreement does not provide a manner by which to serve the petition, notice, and any other supporting papers. Thus, service of this Petition must be made in the same manner as service of summons. Petitioner’s proof of service demonstrates that Respondent was personally served with this Petition on October 24, 2019. (10/28/19 Proof of Service.) Thus, Petitioner has satisfied Code of Civil Procedure, section 1290.4.

In regard to the requirement that the neutral arbitrator serve copies of the award, Petitioner submits a copy of Forums’ Rule 4-3, which provides:

“A member who has filed or responded via [Forums’] site will receive an immediate e-mail notification once a decision is posted. The representative can click on the link to the case that is embedded in the notice to see the decision and/or print a copy. A member who has not filed or responded online…will be mailed an electronic decision notice, not the original signed decision sheet. Additionally, decisions are posted and available on [Forums’] site (www.arbfile.org) within 7 days or less following the hearing.”

(Cicione Supp. Decl., ¶ 7, Exh. 6.)

Petitioner submits a copy of an email from Forums sent to Petitioner on January 4, 2019, indicating that a decision had been rendered for the arbitration claim. (Id. at ¶ 6, Exh. 4.) It submits a similar email, also dated January 4, 2019, that purports to show notice of the decision was sent to Respondent at “claimssmall@mapfreusa.com.” (Id. Exh. 5.) (Italics added.) Both of these emails reference Case No. A009-B2210-18-00, the same case number referenced in the Arbitration Award. (See Pet., Attach. 8(c).) However, the email demonstrates that MAPFRE USA was served, not Respondent Commerce West Insurance Company.

C. Timeliness of Petition (Code Civ. Proc., §§ 1288, 1288.4)

A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served on Respondents and Petitioners.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

Because there is no proof to show when the Arbitrator served the Arbitration Award on Respondent, the Court cannot determine the Petition is timely under Code of Civil Procedure sections 1288 and 1288.4.

IV. Conclusion & Order

For the foregoing reasons, Petitioner Allied Property & Casualty Insurance Company’s Petition to Confirm Arbitration Award is CONTINUED to MAY 28, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days prior to the new hearing date, Petitioner is to file supplemental papers correcting the deficiencies discussed herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.

Case Number: 19STCP03996    Hearing Date: January 21, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Allied Property & Casualty Insurance Company’s Petition to Confirm Arbitration Award is CONTINUED to MARCH 11 at 10:30 a.m. in DEPT. 25. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFICIENCIES DISCUSSED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

ANALYSIS:

I. Background

Petitioner Allied Property & Casualty Insurance Company (“Petitioner”) states that both Petitioner and Respondent Commerce West Insurance Company (“Respondent”) are members of Arbitration Forums, Inc. (“Forums”) (Pet., ¶ 5.) Forums is an arbitration and subrogation services provider. The parties submitted their dispute over liability coverage to arbitration to Forums on October 17, 2018. (Pet., Attach. 8(c).)

On January 4, 2019, Arbitrator Jennifer Solomon (“Arbitrator”) rendered an award for Petitioner in the amount of $6,421.67. (Pet., ¶ 8, Attach. 8(c).)

On September 17, 2019, Petitioner filed the instant Petition to Confirm the Arbitration Award (the “Petition”). To date, no opposition or reply briefs have been filed.

II. Legal Standard

“Regardless of the particular relief granted, any arbitrator’s award is enforceable only when confirmed as a judgment of the superior court.” (O’Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.) “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator’s reasoning, nor may we correct or review an award because of an arbitrator’s legal or factual error, even if it appears on the award’s face.” (EHM Productions at p. 1063-64.)

III. Discussion

A.

CCP § 1285.4 states: “A petition under this chapter shall:

  1. Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement.

  2. Set forth the names of the arbitrators.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Petitioner has submitted a copy of the arbitration award (Pet., Attach. 8(c)), which includes the identity of the arbitrator (Id). Petitioner states that the parties separately signed an Automobile Subrogation Arbitration Agreement (the “Arbitration Agreement”) with Forums. (Id., Attach. 4(b).) Petitioner attached an unexecuted copy of the Arbitration Agreement. (Id.) However, this is insufficient to prove the existence of a valid arbitration contract. (See Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1223 [finding that a person seeking judicial enforcement of a private arbitration award did not meet the burden of proving a valid arbitration contract existed by submitting a copy of a contract that was not signed by the parties themselves].) Petitioner is ordered to provide executed copies of the Arbitration Agreement.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (Code Civ. Proc., §§ 1283.6, 1290.4)

Code of Civil Procedure, section 1283.6 provides that “[t]he neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.”  (Italics added.)

Code of Civil Procedure, section 1290.4 states, in pertinent part:

“(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: ¶ (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.

Here, the Arbitration Agreement does not provide a manner by which to serve the petition, notice, and any other supporting papers. Thus, service of this petition must be made in the same manner as service of summons. Petitioner’s proof of service demonstrates that Respondent was personally served with this Petition on October 24, 2019. (10/28/19 POS.) Thus, Petitioner has satisfied Code of Civil Procedure, section 1290.4.

However, Petitioner has not provided proof to show that the neutral arbitrator served the Arbitration Award on Petitioner and Respondent as required by Code of Civil Procedure, section 1283.6. Thus, Petitioner has failed to satisfy section 1283.6.

C. Timeliness of Petition (Code Civ. Proc., §§ 1288, 1288.4)

A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the award is served on Respondents and Petitioners.  (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.)

Because there is no proof to show when the arbitrator served the Arbitration Award on Respondent and Petitioner, the Court cannot determine if the Petition is timely under Code of Civil Procedure sections 1288 and 1288.4.

IV. Conclusion & Order

Based on the foregoing, Petitioner Allied Property & Casualty Insurance Company’s Petition to Confirm Arbitration Award is CONTINUED to MARCH 11, at 10:30 a.m in DEPT. 25 . AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS CORRECTING THE DEFICIENCIES DISCUSSED HEREIN. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party is ordered to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.