This case was last updated from Los Angeles County Superior Courts on 09/18/2020 at 00:58:42 (UTC).

PROGRESSIVE DIRECT INSURANCE VS ALLSTATE INSURANCE COMPANY

Case Summary

On 02/25/2020 PROGRESSIVE DIRECT INSURANCE filed an Other - Arbitration lawsuit against ALLSTATE 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 JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0800

  • Filing Date:

    02/25/2020

  • Case Status:

    Other

  • 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

PROGRESSIVE DIRECT INSURANCE

Respondent

ALLSTATE INSURANCE COMPANY

Attorney/Law Firm Details

Petitioner Attorney

NIVINSKUS MARK

 

Court Documents

Request for Dismissal - Request for Dismissal

7/21/2020: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

6/29/2020: Proof of Personal Service - Proof of Personal Service

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

6/30/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

First Amended Standing Order - First Amended Standing Order

2/25/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

2/25/2020: Summons - Summons on Complaint

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

2/25/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Civil Case Cover Sheet - Civil Case Cover Sheet

2/25/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

2/25/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

2/25/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 07/22/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 09/16/2020 at 09:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/22/2020

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  • 07/21/2020
  • DocketOn the Complaint filed by Progressive Direct Insurance on 02/25/2020, entered Request for Dismissal with prejudice filed by Progressive Direct Insurance as to the entire action

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  • 06/30/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 09/16/2020 at 09:00 AM in Spring Street Courthouse at Department 25

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  • 06/30/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 06/30/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 06/30/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 09/16/2020 09:00 AM

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  • 06/29/2020
  • DocketProof of Personal Service; Filed by: Progressive Direct Insurance (Petitioner); As to: Allstate Insurance Company (Respondent); Service Date: 06/22/2020; Service Cost: 84.00; Service Cost Waived: No

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  • 02/26/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 06/30/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/26/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/25/2020
  • DocketSummons on Complaint; Issued and Filed by: Progressive Direct Insurance (Petitioner); As to: Allstate Insurance Company (Respondent)

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  • 02/25/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Progressive Direct Insurance (Petitioner); As to: Allstate Insurance Company (Respondent)

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  • 02/25/2020
  • DocketCivil Case Cover Sheet; Filed by: Progressive Direct Insurance (Petitioner); As to: Allstate Insurance Company (Respondent)

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  • 02/25/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 02/25/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/25/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STCP00800    Hearing Date: June 30, 2020    Dept: 25

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Progressive Direct Insurance Company’s Petition to Enforce Arbitration Agreement and Confirm Award is CONTINUED TO SEPTEMBER 16, 2020 at 9:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner is ordered to file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of June 25, 2020 [ ] Late [X] None

REPLY: None filed as of June 25, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 25, 2020, Petitioner Progressive Direct Insurance Company (“Petitioner”) initiated this action by filing a Petition to Enforce Arbitration Agreement and Confirm Award (the “Petition”) against Respondent Allstate Insurance Company (“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

Petitioner argues the parties entered into an arbitration agreement as provided by Arbitration Forums, Inc. (“Forums”) (Pet., p. 2:2-3.) Forums is an arbitration and subrogation services provider. Petitioner submitted its claim for contribution against Respondent to arbitration on December 5, 2018. (Id. at p. 2:9-11, Exh. A.) On April 8, 2019, arbitrator Bonnie Winslow (the “Arbitrator”) found that Petitioner proved Respondent concurrently insured a boat for which a claim was filed, and that Respondent proved damages of $12,040.00. (Id. at p: 2:12-18, Exh. A.) The Arbitrator awarded Petitioner $6,020.00. (the “Arbitration Award”). (Id.)

A. Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 1285.4)

CCP § 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.)

Petitioner attaches a copy of the Arbitration Award, which includes the name of the neutral Arbitrator. (Pet., Exh. A.) In addition, Petitioner argues the Arbitration Award was entered pursuant to a Special Subrogation Arbitration Agreement. (Id., p. 1:22-25.) However, Petitioner has not attached a copy of the agreement to arbitrate, nor has it set forth the substance of the alleged agreement. While Petitioner references Forums Rules 5-1 and 5-2, these rules do not demonstrate the parties agreed to submit their claims to binding arbitration. (Id. at pp. 3:1-4:5.) Thus, Petitioner has not satisfied the requirements of Section 1285.4.

B. Service of the Arbitration Award, Petition, and Notice of Hearing (Code Civ. Proc., §§ 1283.6, 1290.4)

Code of Civil Procedure, section 1283.6 provides that “[t]he 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.”  (Italics added.)

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.

Here, Petitioner did not file a proof of service demonstrating that Respondent was served with this Petition and Notice of Hearing in accordance with Code of Civil Procedure section 1290.4. In addition, Petitioner did not include a proof of service demonstrating that the neutral arbitrator served both parties with the Arbitration Award as required by Code of Civil Procedure section 1283.6 Thus, the above requirements have not been satisfied.

  1. Conclusion & Order

20For the foregoing reasons, Petitioner Progressive Direct Insurance Company’s Petition to Enforce Arbitration Agreement and Confirm Award is CONTINUED TO SEPTEMBER 16, 2020 at 9:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner is ordered to file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.