This case was last updated from Los Angeles County Superior Courts on 03/25/2021 at 00:39:31 (UTC).

GEICO GENERAL INSURANCE COMPANY VS ACE AMERICAN INSURANCE CO.

Case Summary

On 09/22/2020 GEICO GENERAL INSURANCE COMPANY filed an Other - Arbitration lawsuit against ACE AMERICAN INSURANCE CO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3050

  • Filing Date:

    09/22/2020

  • Case Status:

    Other

  • Case Type:

    Other - Arbitration

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

GEICO GENERAL INSURANCE COMPANY

Respondent

ACE AMERICAN INSURANCE CO.

Attorney/Law Firm Details

Petitioner Attorney

PAULUS CHERIE

 

Court Documents

Notice of Hearing on Petition - Notice of Hearing on Petition

2/4/2021: Notice of Hearing on Petition - Notice of Hearing on Petition

Proof of Personal Service - Proof of Personal Service

2/4/2021: Proof of Personal Service - Proof of Personal Service

Request for Dismissal - Request for Dismissal

2/19/2021: Request for Dismissal - Request for Dismissal

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

1/20/2021: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Proof of Personal Service - Proof of Personal Service

1/22/2021: Proof of Personal Service - Proof of Personal Service

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

1/26/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

1/15/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

1/15/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

1/15/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

1/15/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

1/15/2021: Proof of Personal Service - Proof of Personal Service

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

9/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

9/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

9/22/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Summons - Summons on Petition

9/22/2020: Summons - Summons on Petition

First Amended Standing Order - First Amended Standing Order

9/22/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

9/22/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

5 More Documents Available

 

Docket Entries

  • 02/22/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/23/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/22/2021

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  • 02/19/2021
  • DocketOn the Petition filed by Geico General Insurance Company on 09/22/2020, entered Request for Dismissal with prejudice filed by Geico General Insurance Company as to the entire action

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  • 02/19/2021
  • DocketUpdated -- Cherie Paulus (Attorney): Organization Name changed from Law Office of Darlene Rohr, San Diego- Subro to Law Office of Darlene Rohr

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  • 02/19/2021
  • DocketAddress for Cherie Paulus (Attorney) null

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  • 02/04/2021
  • DocketNotice of Hearing on Petition; Filed by: Geico General Insurance Company (Petitioner)

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  • 02/04/2021
  • DocketProof of Personal Service; Filed by: Geico General Insurance Company (Petitioner); As to: Ace American Insurance Co. (Respondent); Service Date: 10/05/2020; Service Cost: 102.75; Service Cost Waived: No

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  • 01/26/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/23/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 01/26/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 01/26/2021
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 01/26/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 03/23/2021 10:00 AM

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  • 01/22/2021
  • DocketProof of Personal Service; Filed by: Geico General Insurance Company (Petitioner); As to: Ace American Insurance Co. (Respondent); Service Date: 10/05/2020; Service Cost: 102.75; Service Cost Waived: No

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4 More Docket Entries
  • 01/15/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 01/15/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Geico General Insurance Company (Petitioner)

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  • 09/22/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/26/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/22/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Geico General Insurance Company (Petitioner); As to: Ace American Insurance Co. (Respondent)

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  • 09/22/2020
  • DocketSummons on Petition; Issued and Filed by: Geico General Insurance Company (Petitioner); As to: Ace American Insurance Co. (Respondent)

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  • 09/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Geico General Insurance Company (Petitioner); As to: Ace American Insurance Co. (Respondent)

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  • 09/22/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 09/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/22/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03050    Hearing Date: March 18, 2021    Dept: 26

GEICO Indemnity Co. v. Allstate Indemnity, Co., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner GEICO Indemnity Company’s Petition to Confirm Arbitration Award is CONTINUED TO MAY 20, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

ANALYSIS:

Petitioner GEICO Indemnity Company (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Allstate Indemnity Company (“Respondent”) on November 12, 2020. To date, no opposition has been filed.

Legal Standard

Per Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.  The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.”

Per Code of Civil Procedure section 1285.4, “A petition under this chapter shall: (a) 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; (b) Set forth the names of the arbitrator; and (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Per Code of Civil Procedure section 1286, “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.”

Discussion

Service of the Petition and Notice of Hearing

Code of Civil Procedure, section 1290.4 requires the Petition and Notice of Hearing to be served on Respondent “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ. Proc., § 1290.4, subds. (a), (b).)

The arbitration agreement does not address the manner in which a petition to confirm arbitration award must be served. (Pet., Attachment 4(c).) Therefore, service must be made in the manner provided by law for service of summons. On December 7, 2020, Petitioner filed a “Proof of Personal Service,” which on its face did not demonstrate service directly to Respondent’s agent for service of process. (Proof of Service, filed 12/7/20, ¶3.) When Petitioner filed a Request for Entry of Default on February 19, 2021, the Request was rejected because the manner of service on the proof of service was supposedly in error. (Notice of Rejection, filed 2/19/21.) The Notice of Rejection instructed Petitioner to submit a new proof of service. Petitioner filed a nearly identical proof of service on February 26, 2021. The difference in the proofs of service is that the first proof of service identified the person served as “Jessie Gastelum, Process Specialist (Authorized to Accept)” in the second proof of service, the person served was identified as “Jessie Gastelum, Process Specialist (Authorized to Accept for CT Corp).” (Proof of Service, filed 12/7/20, ¶3(b); Proof of Service, filed 2/26/21, ¶3(b) (emphasis added).)

The first proof of service makes it appear that Gastelum was authorized to receive service for the corporate Respondent. The second proof of service, however, demonstrates that Gastelum was not authorized to receive service for the corporate Respondent but only for CT Corp., the agent for service of process. The second proof of service, therefore, demonstrates that Respondent was served by substitute service, not personal service. Substitute service must comply with the requirements set forth in Code of Civil Procedure section 415.20, which include mailing of the papers after delivery.

Therefore, Petitioner has not demonstrated compliance with the statutory requirements for substitute service with respect to service of the Petition and Notice of Hearing on Respondent.

Service of the Arbitration Award and Timing of Service of Petition

Code of Civil Procedure section 1283.6 requires the arbitrator serve the signed arbitration award “personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) The arbitration agreement provides for service of the Award by posting on the website of Arbitration Forums, Inc. (Pet., Attachment 4(c), Rules, § 4-3.) The Award was posted on July 8, 2020. (Pet., Attachment 4(c), Decision, p. 1.) The requirements of Code of Civil Procedure section 1283.6 are met.

Additionally, under Code of Civil Procedure sections 1288 and 1288.4, a petition to confirm arbitration must be filed and served no more than four years, and at least ten days, after the award was served. Until proper service of the Petition has been demonstrated, the Court cannot find compliance with Code of Civil Procedure sections 1288 and 1288.4.

Confirmation of the Arbitration Award

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered.  (CCP § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding.  (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) Code of Civil Procedure, section 1285.4 states a petition under this chapter shall:

a) 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.

b) 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.

(Code Civ. Proc., § 1285.4.) The Petition does not fully comply with the above requirements. It sets forth the nature of the agreement to arbitrate (an automobile subrogation arbitration agreement) and attaches a copy of the Award to the Petition. (Pet., Attachment 4(c).) However, the Petition does not set forth the name of the arbitrator, who is identified only as “AF Staff Arbitrator” for Arbitration Forums, Inc. (Pet., ¶6 and Attachment 4(c).) The Petition does demonstrate that on July 8, 2020, the arbitrator issued an award requiring Respondent to pay Petitioner $3,990.71. (Pet., Attachment 4(c).)

Conclusion

Petitioner GEICO Indemnity Company’s Petition to Confirm Arbitration Award is CONTINUED TO May 20, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED HEREIN. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice. 

Case Number: 20STCP03050    Hearing Date: January 26, 2021    Dept: 26

GEICO General Ins. Co. v. Ace American Ins. Co., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioners GEICO General Insurance Company’s Petition to Confirm Arbitration Award is CONTINUED TO MARCH 23, 2021 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Petitioner GEICO General Insurance Company (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Ace American Insurance Company (“Respondent”) on September 22, 2020. Petitioner filed a proof of personal service on January 15, 2021. To date, no opposition has been filed.

Legal Standard

Per Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.”

Per Code of Civil Procedure section 1285.4, “A petition under this chapter shall: (a) 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; (b) Set forth the names of the arbitrator; and (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

Per Code of Civil Procedure section 1286, “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.”

Discussion

Service of the Petition and Notice of Hearing

Code of Civil Procedure, section 1290.4 requires the Petition and Notice of Hearing to be served on Respondent “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ. Proc., § 1290.4, subds. (a), (b).)

The arbitration agreement does not address the manner in which a petition to confirm arbitration award must be served. (Pet., Attachment 4(c).) Therefore, service must be made in the manner provided by law for service of summons. The proof of service filed on January 15, 2021, however, does not properly demonstrate that Respondent was personally served with the Petition and Notice of Hearing. Specficially, the proof of service does not indicate that the Notice of Hearing was served at all. (Proof of Service, filed 1/15/21, ¶2.) Without proof of service of the Notice of Hearing, the Court cannot find that the requirements of Code of Civil Procedure, section 1290.4 have been satisfied.

Service of the Arbitration Award

Code of Civil Procedure section 1283.6 requires the arbitrator serve the signed arbitration award “personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) It appears that the arbitration agreement provides for service of the Award by posting on the website of Arbitration Forums, Inc. (Pet., Attachment 4(c), Rules, § 4-3.) The Award was posted on February 10, 2020. (Pet., Attachment 4(c), Decision, p. 1.)

Additionally, under Code of Civil Procedure section 1288, a petition to confirm arbitration must be filed and served no more than four years after the award was served. Based on service of the Petition on October 5, 2020, the Court does find that the requirements of Code of Civil Procedure section 1288 have been satisfied.

Confirmation of the Arbitration Award

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered. (CCP § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) 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.

  3. Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.

(Code Civ. Proc., § 1285.4.) The Petition complies with the above requirements. It sets forth the nature of the agreement to arbitrate (an automobile subrogation arbitration agreement), the name of the Arbitrator (Jose Correa) and attaches a copy of the Award to the Petition. (Pet., Attachment 4(c).) The Petition demonstrates that on February 10, 2020, the arbitrator issued an award requiring Respondent to pay Petitioner $91.68. Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Conclusion

Petitioners GEICO General Insurance Company’s Petition to Confirm Arbitration Award is CONTINUED TO MARCH 23, 2021 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PETITIONER IS TO FILE PROOF OF SERVICE OF THE NOTICE OF HEARING AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

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