This case was last updated from Los Angeles County Superior Courts on 04/29/2021 at 00:50:47 (UTC).

GEICO GENERAL INSURANCE COMPANY VS ALLSTATE NORTHBROOK INDEMNITY COMPANY

Case Summary

On 09/15/2020 GEICO GENERAL INSURANCE COMPANY filed an Other - Arbitration lawsuit against ALLSTATE NORTHBROOK INDEMNITY 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2964

  • Filing Date:

    09/15/2020

  • Case Status:

    Other

  • Case Type:

    Other - Arbitration

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

GEICO GENERAL INSURANCE COMPANY

Respondent

ALLSTATE NORTHBROOK INDEMNITY COMPANY

Attorney/Law Firm Details

Petitioner Attorney

PAULUS CHERIE

 

Court Documents

Request for Dismissal - Request for Dismissal

1/27/2021: Request for Dismissal - Request for Dismissal

Notice of Settlement - Notice of Settlement

1/14/2021: Notice of Settlement - Notice of Settlement

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 01/19/2021

1/19/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 01/19/2021

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

1/19/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Proof of Personal Service - Proof of Personal Service

10/2/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

9/15/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Petition

9/15/2020: Summons - Summons on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

9/15/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

9/15/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

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

9/15/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

9/15/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 02/01/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 04/27/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/01/2021

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  • 01/27/2021
  • DocketOn the Petition filed by Geico General Insurance Company on 09/15/2020, entered Request for Dismissal with prejudice filed by Geico General Insurance Company as to the entire action

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  • 01/19/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 04/27/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 01/19/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 01/19/2021
  • DocketCertificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 01/19/2021; Filed by: Clerk

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  • 01/19/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 01/19/2021

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  • 10/02/2020
  • DocketProof of Personal Service; Filed by: Geico General Insurance Company (Petitioner); As to: Allstate Northbrook Indemnity Company (Respondent); Service Date: 09/21/2020; Service Cost: 109.95; Service Cost Waived: No

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  • 09/15/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Geico General Insurance Company (Petitioner); As to: Allstate Northbrook Indemnity Company (Respondent)

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  • 09/15/2020
  • DocketSummons on Petition; Issued and Filed by: Geico General Insurance Company (Petitioner); As to: Allstate Northbrook Indemnity Company (Respondent)

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  • 09/15/2020
  • DocketCivil Case Cover Sheet; Filed by: Geico General Insurance Company (Petitioner); As to: Allstate Northbrook Indemnity Company (Respondent)

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  • 09/15/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 09/15/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/15/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/15/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 01/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/15/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02964    Hearing Date: January 19, 2021    Dept: 25

HEARING DATE: Tue., January 19, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Geico General Insurance Co. v. Allstate Northbrook Indemnity Co.

CASE NUMBER: 20STCP02964 PET. FILED: 09-15-20

NOTICE: OK

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 is GRANTED. Judgment to be entered against Respondent in the amount of $5,286.28 pursuant to the Arbitration Award. Proposed judgment to be filed within ten (10) days 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 January 14, 2021 [ ] Late [X] None

REPLY: None filed as of January 14, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On March 29, 2020, Arbitrator Patrick Thidemann (the “Arbitrator”) with Arbitration Forums, Inc. (“Forums”) rendered an award requiring Respondent Allstate Northbrook Indemnity Company (“Respondent”) to pay Petitioner Geico General Insurance Company (“Petitioner”) $5,286.28 (the “Arbitration Award”). (Pet., ¶ 8, Attach. 8(c).)

On September 15, 2020, Petitioner filed the instant Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondent. To date, no opposition has been 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. Instead, we restrict our review to whether the award should be vacated under the grounds listed in section 1286.2. [Citations.]’” (Id.)

  1. Discussion

A. Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 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.”

(Emphasis added.)

The Petition sets forth that the parties are members of Forums and are bound by the Automobile Subrogation Arbitration Agreement. (Pet., ¶ 4, Attach. 4(b).) Forums is an arbitration and subrogation services provider. The Petition also sets forth the name of the neutral Arbitrator and attaches a copy of the Arbitration Award. (Id., ¶ 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 September 21, 2020. (10/2/20 Minute Order.) 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 provides that arbitration decision would be published on the Forums website after a case is heard. (Pet., Attach. 4(b).) The Arbitration Award demonstrates it was published on March 29, 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 29, 2020, and this Petition was filed more than 10 days later, on September 15, 2020. Thus, Petitioner has also satisfied the requirements of Sections 1283.6, 1288, and 1288.4.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Geico General Insurance Company’s Petition is GRANTED. Judgment to be entered against Respondent in the amount of $5,286.28 pursuant to the Arbitration Award. Proposed judgment to be filed within ten (10) days of this order.

Moving party is ordered to give notice.

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