This case was last updated from Los Angeles County Superior Courts on 10/22/2021 at 03:17:17 (UTC).

GEICO INDEMNITY COMPANY, VS ALLSTATE INDEMNITY COMPANY, ET AL.

Case Summary

On 11/12/2020 GEICO INDEMNITY COMPANY filed an Other - Arbitration lawsuit against ALLSTATE 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 SERENA R. MURILLO. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3751

  • Filing Date:

    11/12/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

GEICO INDEMNITY COMPANY

Defendant

1 - 20 DOES

Respondent

ALLSTATE INDEMNITY COMPANY

Attorney/Law Firm Details

Petitioner Attorneys

PAULUS CHERIE L.

HORN STEVEN J.

 

Court Documents

Association of Attorney - Association of Attorney

10/4/2021: Association of Attorney - Association of Attorney

Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

10/4/2021: Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

Judgment - Judgment Confirming Arbitration Award

6/10/2021: Judgment - Judgment Confirming Arbitration Award

Proof of Personal Service - Proof of Personal Service

4/13/2021: Proof of Personal Service - Proof of Personal Service

Declaration (name extension) - Declaration of Cherie Paulus re arbitrator

5/12/2021: Declaration (name extension) - Declaration of Cherie Paulus re arbitrator

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

5/20/2021: Minute Order - Minute Order (Hearing on Petition to Vacate or Alter Arbitration Award (CCP...)

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

2/19/2021: 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

2/19/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

2/26/2021: Proof of Personal Service - Proof of Personal Service

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

3/11/2021: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

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

3/18/2021: Minute Order - Minute Order (Hearing on Petition Petition to Vacate or Alter Arbitration A...)

Proof of Personal Service - Proof of Personal Service

12/7/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

11/12/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

11/12/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/12/2020: Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) - Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6)

Summons - Summons on Petition

11/12/2020: Summons - Summons on Petition

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

11/12/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

11/12/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

6 More Documents Available

 

Docket Entries

  • 10/04/2021
  • DocketAssociation of Attorney; Filed by: GEICO INDEMNITY COMPANY, (Petitioner)

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  • 10/04/2021
  • DocketAcknowledgment of Satisfaction of Judgment; Filed by: GEICO INDEMNITY COMPANY, (Petitioner); As to: ALLSTATE INDEMNITY COMPANY (Respondent)

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  • 07/07/2021
  • DocketUpdated -- Judgment Confirming Arbitration Award: As To Parties changed from ALLSTATE INDEMNITY COMPANY (Respondent) to ALLSTATE INDEMNITY COMPANY (Respondent)

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  • 06/10/2021
  • DocketJudgment Confirming Arbitration Award; Signed and Filed by: GEICO INDEMNITY COMPANY, (Petitioner); As to: ALLSTATE INDEMNITY COMPANY (Respondent)

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  • 06/10/2021
  • DocketCourt orders judgment entered for Petitioner GEICO INDEMNITY COMPANY, against Respondent ALLSTATE INDEMNITY COMPANY on the Petition filed by GEICO INDEMNITY COMPANY, on 11/12/2020 for the principal amount of $3,990.71, attorney fees of $856.25, interest of $334.56, and costs of $464.95 for a total of $5,646.47.; Other: Interest at 10% starting 08/08/2020

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  • 05/20/2021
  • DocketMinute Order (Hearing on Petition to Vacate or Alter Arbitration Award (CCP...)

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  • 05/20/2021
  • DocketHearing on Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 05/20/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/20/2021; Result Type to Held - Motion Granted

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  • 05/14/2021
  • DocketUpdated -- Declaration of Cherie Paulus Re: Arbitrator Identity, and Request for Fees and Costs Per AF Rules: Name Extension changed from of Cherie Paulus re arbitrator to of Cherie Paulus Re: Arbitrator Identity, and Request for Fees and Costs Per AF Rules; As To Parties: removed

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  • 05/12/2021
  • DocketDeclaration of Cherie Paulus re arbitrator; Filed by: GEICO INDEMNITY COMPANY, (Petitioner)

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  • 04/13/2021
  • DocketProof of Personal Service; Filed by: GEICO INDEMNITY COMPANY, (Petitioner); As to: ALLSTATE INDEMNITY COMPANY (Respondent); Service Date: 03/29/2021; Service Cost: 111.75; Service Cost Waived: No

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6 More Docket Entries
  • 02/19/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 12/07/2020
  • DocketProof of Personal Service; Filed by: GEICO INDEMNITY COMPANY, (Petitioner); As to: ALLSTATE INDEMNITY COMPANY (Respondent); Service Date: 11/25/2020; Service Cost: 113.75; Service Cost Waived: No

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  • 11/12/2020
  • DocketHearing on Petition Petition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6) scheduled for 03/18/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/12/2020
  • DocketPetition to Vacate or Alter Arbitration Award (CCP 1285 - 1287.6); Filed by: GEICO INDEMNITY COMPANY, (Petitioner); As to: ALLSTATE INDEMNITY COMPANY (Respondent); DOES 1 - 20 (Defendant)

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  • 11/12/2020
  • DocketCivil Case Cover Sheet; Filed by: GEICO INDEMNITY COMPANY, (Petitioner); As to: ALLSTATE INDEMNITY COMPANY (Respondent)

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  • 11/12/2020
  • DocketSummons on Petition; Issued and Filed by: GEICO INDEMNITY COMPANY, (Petitioner); As to: ALLSTATE INDEMNITY COMPANY (Respondent)

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  • 11/12/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 11/12/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/12/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/12/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03751    Hearing Date: May 20, 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 GRANTED. JUDGMENT IS TO BE ENTERED IN PETITIONER’S FAVOR IN THE AMOUNT OF $3,990.71 PRINCIPAL, $856.25 ATTORNEY’S FEES, $464.95 COSTS, AND INTEREST AT TEN (10) PERCENT PER ANNUM FROM AUGUST 8, 2020.

PETITIONER TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS’ SERVICE OF THIS ORDER

ANALYSIS:

Petitioner GEICO Indemnity Company (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Allstate Indemnity Company (“Respondent”) on November 12, 2020. At the initial hearing on March 18, 2021, the matter was continued to provide for proper service of the Petition. 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 April 13, 2021, Petitioner filed a “Proof of Personal Service,” which demonstrates personal service of the Petition and Notice of Hearing on Respondent’s agent for service of process on March 29, 2021. (Proof of Service, filed 04/13/21, ¶3.) Therefore, Petitioner has demonstrated compliance with the statutory requirements for 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. The Petition was timely filed and served approximately nine months after the Award was served.

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 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).) The arbitrator was Donald Burke. (Pet., Paulus Decl., ¶4.) On July 8, 2020, the arbitrator issued an award requiring Respondent to pay Petitioner $3,990.71. (Pet., Attachment 4(c).)

Attorney’s Fees, Costs and Interest

Finally, Petitioner requests an award of attorney’s fees and costs, to which it is entitled as provided for in Code of Civil Procedure section 1293.2. (MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Costs under section 1293.2 are awarded pursuant to the provisions of Code of Civil Procedure section 1021, et seq. A prevailing party is entitled to recover costs, which can also include attorney’s fees, as a matter of right. (Code Civ. Proc., §§ 1032, subd. (a)(4); 1033.5, subd. (a)(10).) The right to attorney’s fees may arise out of contract, statute or law. (Code Civ. Proc., § 1033.5, subd. (a)(10).)

The rules of the arbitration service provide that a party is entitled to “all legal fees and costs incurred in pursuing collection until the award is paid.” (Pet., Attachment 8(c), p. 13, Rule 5-2.) Petitioner, therefore, is entitled to recover its attorney’s fees and costs. Pursuant to a lodestar calculation, Petitioner is entitled to $856.25 in attorney’s fees for four hours of attorney time billed at $200.00 per hour and half-an-hour of paralegal time billed at $75.00 per hour. (Pet., Paulus Decl., ¶8c.) Petitioner also incurred $464.95 in court filing and e-filing fees. (Id. at ¶8b.)

Finally, Petitioner is entitled to ten (10) percent interest on the award from the date it was issued. (Civ. Code, § 3289, subd. (b); Pet., Attachment 8(c), p. 13, Rule 5-1.)

Conclusion

Petitioner GEICO Indemnity Company’s Petition to Confirm Arbitration Award is GRANTED. JUDGMENT IS TO BE ENTERED IN PETITIONER’S FAVOR IN THE AMOUNT OF $3,990.71 PRINCIPAL, $856.25 ATTORNEY’S FEES, $464.95 COSTS, AND INTEREST AT TEN (10) PERCENT PER ANNUM FROM AUGUST 8, 2020.

Moving party to give notice.

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