This case was last updated from Los Angeles County Superior Courts on 05/28/2020 at 18:21:47 (UTC).

GEICO GENERAL INSURANCE COMPANY VS ACE AMERICAN INSURANCE COMPANY

Case Summary

On 06/13/2019 GEICO GENERAL INSURANCE COMPANY filed an Other - Arbitration lawsuit against ACE AMERICAN 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 WENDY CHANG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2409

  • Filing Date:

    06/13/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Petitioner

GEICO GENERAL INSURANCE COMPANY

Respondent

ACE AMERICAN INSURANCE COMPANY

Attorney/Law Firm Details

Petitioner Attorney

AUL KATIE R.

 

Court Documents

Default Judgment - Default Judgment

1/27/2020: Default Judgment - Default Judgment

Declaration (name extension) - Declaration DECLARATION OF KATIE R. AUL, ESQ.

12/23/2019: Declaration (name extension) - Declaration DECLARATION OF KATIE R. AUL, ESQ.

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

11/13/2019: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Request for Dismissal - Request for Dismissal

10/4/2019: Request for Dismissal - Request for Dismissal

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

10/31/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Arbitration Award)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to Confirm Arbitration Award) of 10/31/2019

10/31/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition to Confirm Arbitration Award) of 10/31/2019

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

10/10/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Affidavit (name extension) - Affidavit AFFIDAVIT OF PLAINTIFF'S EMPLOYEE MICHAEL JANTZI

10/4/2019: Affidavit (name extension) - Affidavit AFFIDAVIT OF PLAINTIFF'S EMPLOYEE MICHAEL JANTZI

Declaration (name extension) - Declaration DECLARATION

10/4/2019: Declaration (name extension) - Declaration DECLARATION

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

10/4/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

7/24/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

7/11/2019: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

6/13/2019: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Petition

6/13/2019: Summons - Summons on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

6/13/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

6/13/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

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

6/13/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

6/13/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

6 More Documents Available

 

Docket Entries

  • 01/27/2020
  • DocketDefault judgment by Court entered for Petitioner GEICO General Insurance Company against Respondent Ace American Insurance Company on the Petition filed by GEICO General Insurance Company on 06/13/2019 for damages of $1,852.89 and costs of $615.80 for a total of $2,468.69.

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  • 01/27/2020
  • DocketDefault Judgment; Signed and Filed by: GEICO General Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent)

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  • 12/23/2019
  • DocketDeclaration DECLARATION OF KATIE R. AUL, ESQ. Filed by: GEICO General Insurance Company (Petitioner)

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  • 11/13/2019
  • DocketMemorandum of Costs (Summary); Filed by: GEICO General Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent); Total Costs: 615.80

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  • 10/31/2019
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 10/31/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/31/2019
  • DocketHearing on Petition to Confirm Arbitration Award scheduled for 10/31/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/31/2019
  • DocketHearing on Expedited Petition to Confirm Compromise scheduled for 10/31/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 10/31/2019

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  • 10/31/2019
  • DocketMinute Order (Hearing on Petition to Confirm Arbitration Award)

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  • 10/31/2019
  • DocketCertificate of Mailing for (Hearing on Petition to Confirm Arbitration Award) of 10/31/2019; Filed by: Clerk

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  • 10/31/2019
  • DocketHearing on Petition to Confirm Arbitration Award scheduled for 10/31/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/31/2019; Result Type to Held - Motion Granted

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15 More Docket Entries
  • 07/24/2019
  • DocketDefault entered as to Ace American Insurance Company; On the Petition filed by GEICO General Insurance Company on 06/13/2019

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  • 07/11/2019
  • DocketProof of Personal Service; Filed by: GEICO General Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent); Service Date: 06/19/2019; Service Cost: 107.55; Service Cost Waived: No

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  • 06/17/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/17/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/17/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/13/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: GEICO General Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent)

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  • 06/13/2019
  • DocketCivil Case Cover Sheet; Filed by: GEICO General Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent)

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  • 06/13/2019
  • DocketSummons on Petition; Issued and Filed by: GEICO General Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent)

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  • 06/13/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 06/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP02409    Hearing Date: October 31, 2019    Dept: 94

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Geico General Insurance Company’s Petition to Confirm Arbitration Award is GRANTED. THE REQUEST FOR ATTORNEYS’ FEES AND COSTS TO BE ADDRESSED PER CAL. RULES OF COURT RULES.

ANALYSIS:

On August 10, 2018, an arbitrator issued an Arbitration Award pursuant in favor of Geico General Insurance Company (“Petitioner”) and against Ace American Insurance Company (“Respondent”). On June 13, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response 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 Respondents “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).)

Petitioner filed proof of service demonstrating personal service of the Petition and notice of hearing on Respondent on June 19, 2019. As the arbitration agreement does not provide for a particular method of service, service must comply with the requirements for service of a summons. Personal service satisfies the requirements for service of a summons. (Code Civ. Proc., § 415.10.)

Petitioner, therefore, has demonstrated compliance with the requirements of Code of Civil Procedure, section 1290.4

Service of the Arbitration Award (CCP §§ 1283.6, 1288)

The Petition also demonstrate service of the arbitration award, as required by Code of Civil Procedure section 1283.6, as it was served with the instant Petition. (Proof of Service, filed 7/11/19.) 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. Here, the Petition was timely brought filed and served. Therefore, the Court finds that the requirements of Code of Civil Procedure, sections 1283.6 and 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. (Petition, ¶4 and Attachment 4(B).) It also sets forth the name of the Arbitrator (Kenneth Kuester) and attaches a copy of the Award to the Petition. (Petition, Attachment 8(c).) The Petition demonstrates that on August 10, 2018, the arbitrator issued an award requiring Respondent to pay Petitioner $1,852.89. Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Attorneys’ Fees and Costs

To the extent Petitioner requests attorneys’ fees and costs, those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner is to file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700 and a noticed motion for attorneys’ fees pursuant to Cal. Rules of Court Rule 3.1702.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED. THE REQUEST FOR ATTORNEYS’ FEES AND COSTS TO BE ADDRESSED PER CAL. RULES OF COURT RULES.

Moving party to give notice.