This case was last updated from Los Angeles County Superior Courts on 07/29/2020 at 05:00:30 (UTC).

ARUTYUN TER SAAKYAN VS STATE FARM INSURANCE COMPANIES, AN UNKNOWN BUSINESS ENTITY, ET AL.

Case Summary

On 07/26/2019 ARUTYUN TER SAAKYAN filed a Contract - Insurance lawsuit against STATE FARM INSURANCE COMPANIES, AN UNKNOWN BUSINESS ENTITY. 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:

    *******6926

  • Filing Date:

    07/26/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

TER SAAKYAN ARUTYUN

Defendants

STATE FARM INSURANCE COMPANIES AN UNKNOWN BUSINESS ENTITY

STATE FARM FIRE AND CASUALTY COMPANY AN ILLINOIS CORPORATION

STATE FARM GENERAL INSURANCE COMPANY AN ILLINOIS CORPORATION

Not Classified By Court

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ERRONEOUSLY SUED AS STATE FARM INSURANCE COMPANIES AN UNKNOWN BUSINESS ENTITY STATE FARM GENERAL INSURANCE AN ILLINOIS CORPORATION AND STATE FARM FIRE AND CASUALTY COMPANY AN ILLINOIS CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

AIRAPETIAN STEPHAN

 

Court Documents

Notice of Ruling - Notice of Ruling

7/27/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel VERIFIED PETITION FOR ORDER COMPE...)

7/27/2020: Minute Order - Minute Order (Hearing on Motion to Compel VERIFIED PETITION FOR ORDER COMPE...)

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

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Court Rescheduled Hearing re Defendant Motion to Compel Arb and Stay Proceedings

4/24/2020: Notice (name extension) - Notice of Court Rescheduled Hearing re Defendant Motion to Compel Arb and Stay Proceedings

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

3/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Personal Service - Proof of Personal Service

1/21/2020: Proof of Personal Service - Proof of Personal Service

Notice of Hearing on Petition - Notice of Hearing on Petition

1/24/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Affidavit (name extension) - Affidavit Defendant and Petitioner List of Proposed Arbitrators

1/24/2020: Affidavit (name extension) - Affidavit Defendant and Petitioner List of Proposed Arbitrators

Petition (name extension) - Petition Verified Petition for Order Compelling Arbitration and Staying Pending Action

1/24/2020: Petition (name extension) - Petition Verified Petition for Order Compelling Arbitration and Staying Pending Action

Complaint - Complaint

7/26/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

7/26/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

7/26/2019: First Amended Standing Order - First Amended Standing Order

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

7/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2 More Documents Available

 

Docket Entries

  • 07/29/2022
  • Hearing07/29/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 01/22/2021
  • Hearing01/22/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 07/27/2020
  • DocketNotice of Ruling; Filed by: STATE FARM INSURANCE COMPANIES, an unknown business entity (Defendant); STATE FARM GENERAL INSURANCE COMPANY, an Illinois corporation (Defendant); STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation (Defendant)

    Read MoreRead Less
  • 07/27/2020
  • DocketMinute Order (Hearing on Motion to Compel VERIFIED PETITION FOR ORDER COMPE...)

    Read MoreRead Less
  • 07/27/2020
  • DocketHearing on Motion to Compel VERIFIED PETITION FOR ORDER COMPELLING ARBITRATION AND STAYING PENDING ACTION scheduled for 07/27/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/27/2020; Result Type to Held

    Read MoreRead Less
  • 04/24/2020
  • DocketNotice of Court Rescheduled Hearing re Defendant Motion to Compel Arb and Stay Proceedings; Filed by: STATE FARM INSURANCE COMPANIES, an unknown business entity (Defendant); STATE FARM GENERAL INSURANCE COMPANY, an Illinois corporation (Defendant); STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation (Defendant); As to: STATE FARM INSURANCE COMPANIES, an unknown business entity (Defendant); STATE FARM GENERAL INSURANCE COMPANY, an Illinois corporation (Defendant); STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation (Defendant)

    Read MoreRead Less
  • 04/21/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 04/21/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Compel VERIFIED PETITION FOR ORDER COMPELLING ARBITRATION AND STAYING PENDING ACTION scheduled for 05/12/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/27/2020 08:30 AM

    Read MoreRead Less
  • 03/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 03/23/2020
  • DocketThere being no judge available this date, Hearing on Motion to Compel VERIFIED PETITION FOR ORDER COMPELLING ARBITRATION AND STAYING PENDING ACTION scheduled for 04/08/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 05/12/2020 10:30 AM

    Read MoreRead Less
4 More Docket Entries
  • 01/24/2020
  • DocketDue to Clerical Error, Hearing on Motion to Compel VERIFIED PETITION FOR ORDER COMPELLING ARBITRATION AND STAYING PENDING ACTION scheduled for 04/08/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Court was rescheduled to 04/08/2020 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 01/21/2020
  • DocketProof of Personal Service; Filed by: Arutyun Ter Saakyan (Plaintiff); As to: STATE FARM INSURANCE COMPANIES, an unknown business entity (Defendant); Service Date: 12/26/2019; Service Cost: 111.87; Service Cost Waived: No

    Read MoreRead Less
  • 07/29/2019
  • DocketNon-Jury Trial scheduled for 01/22/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/29/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/29/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/29/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 07/26/2019
  • DocketComplaint; Filed by: Arutyun Ter Saakyan (Plaintiff); As to: STATE FARM INSURANCE COMPANIES, an unknown business entity (Defendant); STATE FARM GENERAL INSURANCE COMPANY, an Illinois corporation (Defendant); STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation (Defendant)

    Read MoreRead Less
  • 07/26/2019
  • DocketCivil Case Cover Sheet; Filed by: Arutyun Ter Saakyan (Plaintiff); As to: STATE FARM INSURANCE COMPANIES, an unknown business entity (Defendant); STATE FARM GENERAL INSURANCE COMPANY, an Illinois corporation (Defendant); STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation (Defendant)

    Read MoreRead Less
  • 07/26/2019
  • DocketSummons on Complaint; Issued and Filed by: Arutyun Ter Saakyan (Plaintiff); As to: STATE FARM INSURANCE COMPANIES, an unknown business entity (Defendant); STATE FARM GENERAL INSURANCE COMPANY, an Illinois corporation (Defendant); STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation (Defendant)

    Read MoreRead Less
  • 07/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 07/26/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC06926    Hearing Date: July 27, 2020    Dept: 25

HEARING DATE: Mon., July 27, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Saakyan v. State Farm Insurance Companies, et al.

CASE NUMBER: 19STLC06926 COMP. FILED: 07-26-19

NOTICE: OK DISC. C/O: 12-23-20

MOTION C/O: 01-07-21

TRIAL DATE: 01-22-21

PROCEEDINGS: PETITION FOR ORDER COMPELLING ARBITRATION AND STAYING ACTION

MOVING PARTY: Defendant State Farm Mutual Automobile Insurance Company

RESP. PARTY: None

PETITION TO COMPEL ARBITRATION AND STAY ACTION

(CCP § 1281.2, et seq.)

TENTATIVE RULING:

Defendant State Farm Mutual Automobile Insurance Company’s Petition to Compel Arbitration and Stay Action is GRANTED. Plaintiff is ordered to provide Defendant with the name of the arbitrator of his choosing within ten (10) days of service of this order.

SERVICE:

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

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of July 24, 2020 [ ] Late [X] None

REPLY: None filed as of July 24, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 26, 2019, Plaintiff Arutyun Ter Saakyan (“Plaintiff”) filed a complaint for breach of contract and breach of the covenant of good faith and fair dealing against Defendant State Farm Mutual Automobile Insurance Company, erroneously sued as State Farm Insurance Companies, State Farm General Insurance, and State Farm Fire and Casualty Company (“Defendant”).

On January 24, 2020, Defendant filed the instant verified Petition for Order Compelling Arbitration and Staying Pending Action (the “Petition”). To date, no opposition has been filed.

  1. Legal Standard

“On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) [t]he right to compel arbitration has been waived by the petitioner; or (b) [g]rounds exist for the revocation of the agreement.” (Code Civ. Proc., §§1281.2, subds. (a)-(b).) As with other types of agreements, “[t]he failure of the [party] to carefully read the agreement and the amendment is not a reason to refuse to enforce the arbitration provisions.” (Powers v. Dickson, Carlson & Campillo (1997) 54 Cal.App.4th 1102, 1115.) “California law, ‘like [federal law], reflects a strong policy favoring arbitration agreements and requires close judicial scrutiny of waiver claims.’” (Wagner Const. Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 31.) If the court orders arbitration, then the court shall stay the action until arbitration is completed. (See Code Civ. Proc., § 1281.4.)

  1. Discussion

A. Compel Arbitration

 

Defendant brings the instant Petition seeking to compel Plaintiff to submit to arbitration based on the terms of the insurance policy Defendant issued to Plaintiff. (Id. at p. 8:12-21.)

Defendant issued an automobile insurance policy (the “Policy”) to Plaintiff for the period of July 20, 2017 through January 20, 2018. (Pet., p. 2, ¶ 2.) Plaintiff was involved in an automobile accident on July 26, 2019 (the “Accident”). (Id. at ¶ 3.) He then made a claim for payment of medical expenses following the Accident. (Id. at ¶ 4.) The Policy contains a provision defining what qualifies as medical coverage as well as an arbitration provision. (Id. at ¶ 5.) The arbitration provision provides, “[i]f there is a disagreement as to whether incurred charges are medical expenses, then the disagreement will be resolved by arbitration upon written request of the insured or [Defendant].” (Id. at p. 9:21-24, Exh. A, State Farm Policy Booklet, p. 10.) (Emphasis in original.) Plaintiff alleges Defendant failed to pay for or reimburse him for medical expenses. (Compl., ¶¶ 7, 8.) Thus, Plaintiff’s claims are subject to arbitration. Defendant requested in writing that Plaintiff submit his claims to arbitration on September 27, 2019, October 29, 2019, December 11, 2019, and December 17, 2019, but Plaintiff has refused to do so. (Pet., p. 5, ¶¶ 9-12, Exhs. B-E.)

Based on the above, Defendant has demonstrated the existence of an arbitration agreement and the Court finds that there is no defense to its enforcement. Notably, Plaintiff has not submitted an opposition to this Motion to demonstrate otherwise.

B. Selecting a Neutral Arbitrator

Code of Civil Procedure section 1281.6 provides:

“If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails, or for any other reason cannot be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition, of a party to the arbitration agreement, shall appoint the arbitrator.

When a petition is made to the court to appoint a neutral arbitrator, the court shall nominate five persons from lists of persons supplied jointly by the parties to the arbitration or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration. The parties to the agreement who seek arbitration and against whom arbitration is sought may within five days of receipt of notice of the nominees from the court jointly select the arbitrator whether or not the arbitrator is among the nominees. If the parties fail to select an arbitrator within the five-day period, the court shall appoint the arbitrator from the nominees.”

(Code Civ. Proc., § 1281.6.)

Here, the Policy provides that each party must select one arbitrator, and the two arbitrators will select a third arbitrator. (Pet., Exh. A, p. 10.) Defendant has chosen the Hon. Robert J. Polis or, in the alternative, the Hon. Patricia Schnegg. (Id. at p. 15:2-6.) Plaintiff is ordered to provide Defendant with the name of the arbitrator of his choosing within ten (10) days of service of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant State Farm Mutual Automobile Insurance Company’s Petition to Compel Arbitration and Stay Action is GRANTED. Plaintiff is ordered to provide Defendant with the name of the arbitrator of his choosing within ten (10) days of service of this order.

Moving party is ordered to give notice.