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This case was last updated from Los Angeles County Superior Courts on 04/19/2021 at 05:02:55 (UTC).

GEICO GENERAL INSURANCE COMPANY VS ALLSTATE NORTHBROOK INDEMNITY COMPANY, ET AL.

Case Summary

On 11/13/2020 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 Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3759

  • Filing Date:

    11/13/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

GEICO GENERAL INSURANCE COMPANY

Defendant

1 THROUGH 20 DOES

Respondent

ALLSTATE NORTHBROOK INDEMNITY COMPANY

Attorney/Law Firm Details

Petitioner Attorney

PAULUS CHERIE L.

 

Court Documents

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

3/16/2021: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Judgment - Judgment

3/19/2021: Judgment - Judgment

Minute Order - Minute Order (Hearing on Petition Petition to Vacate or Alter Arbitration A...)

3/19/2021: Minute Order - Minute Order (Hearing on Petition Petition to Vacate or Alter Arbitration A...)

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

2/16/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

1/5/2021: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Petition

12/1/2020: Summons - Summons on Petition

First Amended Standing Order - First Amended Standing Order

11/13/2020: First Amended Standing Order - First Amended Standing Order

Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) - Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6)

11/13/2020: Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) - Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6)

Civil Case Cover Sheet - Civil Case Cover Sheet

11/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

11/13/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 03/19/2021
  • DocketCourt orders judgment entered for Petitioner GEICO GENERAL INSURANCE COMPANY against Respondent ALLSTATE NORTHBROOK INDEMNITY COMPANY on the Petition filed by GEICO GENERAL INSURANCE COMPANY on 11/13/2020 for the principal amount of $648.69 for a total of $648.69.

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  • 03/19/2021
  • DocketJudgment; Filed by: Clerk

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  • 03/19/2021
  • DocketMinute Order (Hearing on Petition Petition to Vacate or Alter Arbitration A...)

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  • 03/19/2021
  • DocketHearing on Petition Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 03/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/19/2021; Result Type to Held

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  • 03/16/2021
  • DocketDeclaration of Interest, Costs and Attorney Fees; Filed by: GEICO GENERAL INSURANCE COMPANY (Petitioner); As to: ALLSTATE NORTHBROOK INDEMNITY COMPANY (Respondent)

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  • 02/16/2021
  • DocketDefault entered as to ALLSTATE NORTHBROOK INDEMNITY COMPANY; On the Petition filed by GEICO GENERAL INSURANCE COMPANY on 11/13/2020

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  • 02/16/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: GEICO GENERAL INSURANCE COMPANY (Petitioner); As to: ALLSTATE NORTHBROOK INDEMNITY COMPANY (Respondent)

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  • 01/05/2021
  • DocketProof of Personal Service; Filed by: GEICO GENERAL INSURANCE COMPANY (Petitioner); As to: ALLSTATE NORTHBROOK INDEMNITY COMPANY (Respondent); Service Date: 12/28/2020; Service Cost: 114.15; Service Cost Waived: No

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  • 12/01/2020
  • DocketSummons on Petition; Issued and Filed by: GEICO GENERAL INSURANCE COMPANY (Petitioner); As to: ALLSTATE NORTHBROOK INDEMNITY COMPANY (Respondent); DOES 1 THROUGH 20 (Defendant)

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  • 11/13/2020
  • DocketPetition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6); Filed by: GEICO GENERAL INSURANCE COMPANY (Petitioner); As to: ALLSTATE NORTHBROOK INDEMNITY COMPANY (Respondent); DOES 1 THROUGH 20 (Defendant)

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  • 11/13/2020
  • DocketCivil Case Cover Sheet; Filed by: GEICO GENERAL INSURANCE COMPANY (Petitioner); As to: ALLSTATE NORTHBROOK INDEMNITY COMPANY (Respondent)

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  • 11/13/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/13/2020
  • DocketHearing on Petition Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 03/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/13/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03759    Hearing Date: March 19, 2021    Dept: 25

HEARING DATE:    Fri., March 19, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME Geico General Insurance Company v. Allstate Northbrook Indemnity Company

CASE NUMBER: 20STCP03759  PET. FILED: 11-13-20

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 to Confirm Contractual Arbitration Award is GRANTED. Judgment to be entered against Respondent in the amount of $648.69.

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 March 17, 2021 [   ] Late [X] None

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

ANALYSIS:

  1. Background

On June 23, 2020, Arbitrator Elizabeth Barton (the “Arbitrator”) with Arbitration Forums, Inc. (“Forums”) issued an award requiring Respondent Allstate Northbrook Indemnity Company (“Respondent”) to pay Petitioner Geico General Insurance Company (“Petitioner”) $648.69 (the “Arbitration Award”). (Pet., Attach. 8(c).)

On November 13, 2020, Petitioner filed the instant Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondent. Following Respondent’s failure to respond, default was entered against it on February 16, 2021.

  1. Legal Standard

  (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 (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, the filing requirements of Section 1285.4 are satisfied.

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 December 28, 2020. (1/5/21 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.”  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 June 23, 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.) Here, the Arbitration Award was published on June 23, 2020, and this Petition was filed more than 10 days later, on November 13, 2020. Thus, Petitioner has 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 $648.69.

Moving party is ordered to give notice.

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