GEICO GENERAL INSURANCE COMPANY VS ACE AMERICAN INSURANCE CO.

Tentative Rulings

Case Number: 20STCP03402    Hearing Date: February 22, 2021    Dept: 25

HEARING DATE: Mon., February 22, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Geico General Insurance Co. v. ACE American Insurance Co.

CASE NUMBER: 20STCP03402 PET. FILED: 10-19-20

PROCEEDINGS: PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

MOVING PARTY: Petitioner GEICO General Insurance Company

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner GEICO General Insurance Company’s Petition to Confirm Contractual Arbitration Award is GRANTED. Judgment to be entered against Respondent in the amount of $4,296.64.

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 February 17, 2021 [ ] Late [X] None

REPLY: None filed as of February 17, 2021 [ ] Late [X] None

ANALYSIS:

1. Background

On March 6, 2020, Arbitrator Angela McCrosky (the “Arbitrator”) with Arbitration Forums, Inc. (“Forums”) rendered an award requiring Respondent Ace American Insurance Company (“Respondent”) to pay Petitioner GEICO General Insurance Company (“Petitioner”) $4,296.64 (the “Arbitration Award”). (Pet., ¶ 8, Attach. 8 (c).)

On October 19, 2020, Petitioner filed this Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondent. Following Respondent’s failure to respond, default was entered against it on December 22, 2020. No opposition was filed.

1. 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, supra, at p. 1063-64.)

1. Discussion

A. Filing Requirements (Code Civ. Proc., § 1285.4)

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.”

The Petition sets forth that the parties are members of Forums and are bound by the Automobile Subrogation Arbitration Agreement (the “Agreement”). (Pet., ¶ 4, Attach. 4(b).) The Petition also sets forth the name of the neutral Arbitrator and attaches a copy of the Arbitration Award. (Id., ¶¶ 6, 8, Attach. 8(c).) Thus, Petitioner has satisfied the requirements of Section 1285.4.

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

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.

Petitioner filed a proof of service demonstrating Respondent was personally served with the Petition and Notice of Hearing on October 26, 2020. (10/29/20 Proof of Service.) Thus, the service requirements of Section 1290.4 are satisfied.

C. Service of the Arbitration Award & Timeliness of Petition (CCP §§ 1283.6, 1288, 1288.4)

Code of Civil Procedure section 1283.6 provides that: “The 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.” (Emphasis added.)

Here, Forums’ Rule 4-3 states that arbitration decisions are published on the Forums website after a case is heard. (Pet., Attach. Forum Rules.) The Arbitration Award demonstrates it was published on March 6, 2020. (Id., Attach. 8(c).) Thus, Section 1283.6 is satisfied.

In addition, a party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years, but not less than 10 days, after the award is served. (Code Civ. Proc., §§ 1288, 1288.4.) (Italics added.) Here, the Arbitration Award was published on March 6, 2020, and this Petition was filed more than 10 days later, on October 19, 2020. Thus, Petitioner has also satisfied the requirements of Sections 1288 and 1288.4.

1. Conclusion & Order

For the foregoing reasons, Petitioner GEICO General Insurance Company’s Petition to Confirm Contractual Arbitration Award is GRANTED. Judgment to be entered against Respondent in the amount of $4,296.64.

Moving party is ordered to give notice.