On 07/29/2020 PROGRESSIVE SELECT 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 SERENA R. MURILLO. The case status is Disposed - Other Disposed.
*******2408
07/29/2020
Disposed - Other Disposed
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
PROGRESSIVE SELECT INSURANCE COMPANY
ACE AMERICAN INSURANCE COMPANY
NIVINSKUS MARK
12/10/2020: Ex Parte Application (name extension) - Ex Parte Application Petitioners ex parte application
12/14/2020: Judgment - Judgment - Arbitration Award - Before Trial - 12/14/2020 entered for Petitioner Progressive Select Insurance Company against Respondent Ace American Insurance Company.
12/14/2020: Minute Order - Minute Order (Hearing on Plaintiff Progressive Select Insurance Company's E...)
12/14/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Plaintiff Progressive Select Insurance Company's E...) of 12/14/2020
12/2/2020: Minute Order - Minute Order (Hearing on Petition Petition to Enforce Arbitration Agreement)
11/10/2020: Request (name extension) - Request for Judgment Pursuant to Arbitration Agreement
11/10/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
11/10/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)
9/24/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
8/14/2020: Proof of Personal Service - Proof of Personal Service
8/3/2020: Summons - Summons on Petition
7/29/2020: First Amended Standing Order - First Amended Standing Order
7/29/2020: Petition (name extension) - Petition Petition to Enforce Arbitration Agreement
7/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
7/29/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
7/29/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
DocketUpdated -- Ex Parte Application Request for Judgment Pursuant to Arbitration Agreement: Name Extension changed from Petitioners ex parte application to Request for Judgment Pursuant to Arbitration Agreement; As To Parties changed from Ace American Insurance Company (Respondent) to Ace American Insurance Company (Respondent)
DocketUpdated -- Ex Parte Application Request for Judgment Pursuant to Arbitration Agreement: Filed By: Progressive Select Insurance Company (Petitioner); Result: Granted; Result Date: 12/14/2020
DocketCourt orders judgment entered for Petitioner Progressive Select Insurance Company against Respondent Ace American Insurance Company on the Petition filed by Progressive Select Insurance Company on 07/29/2020 for damages of $9,757.25, interest of $791.27, and costs of $309.00 for a total of $10,857.52.
DocketJudgment - Arbitration Award - Before Trial - 12/14/2020 entered for Petitioner Progressive Select Insurance Company against Respondent Ace American Insurance Company. Signed and Filed by: Progressive Select Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent)
DocketCertificate of Mailing for (Hearing on Plaintiff Progressive Select Insurance Company's E...) of 12/14/2020; Filed by: Clerk
DocketMinute Order (Hearing on Plaintiff Progressive Select Insurance Company's E...)
DocketHearing on Ex Parte Application Request for Judgment Pursuant to Arbitration Agreement scheduled for 12/14/2020 at 01:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 12/14/2020; Result Type to Held - Motion Granted
DocketEx Parte Application Petitioners ex parte application; Filed by: Progressive Select Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent)
DocketHearing on Ex Parte Application Petitioners ex parte application scheduled for 12/14/2020 at 01:30 PM in Spring Street Courthouse at Department 26
DocketMinute Order (Hearing on Petition Petition to Enforce Arbitration Agreement)
DocketDefault entered as to Ace American Insurance Company; On the Petition filed by Progressive Select Insurance Company on 07/29/2020
DocketProof of Personal Service; Filed by: Progressive Select Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent); Service Date: 08/06/2020; Service Cost: 84.00; Service Cost Waived: No
DocketSummons on Petition; Issued and Filed by: Progressive Select Insurance Company (Petitioner)
DocketHearing on Petition Petition to Enforce Arbitration Agreement scheduled for 12/02/2020 at 08:30 AM in Spring Street Courthouse at Department 26
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
DocketPetition Petition to Enforce Arbitration Agreement; Filed by: Progressive Select Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent)
DocketCivil Case Cover Sheet; Filed by: Progressive Select Insurance Company (Petitioner); As to: Ace American Insurance Company (Respondent)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 20STCP02408 Hearing Date: December 02, 2020 Dept: 26
Progressive Select Ins. Co. v. Ace American Ins.
Co., et al. PETITION TO CONFIRM ARBITRATION AWARD (CCP § 1285) TENTATIVE RULING: Petitioner Progressive Select
Insurance Company’s Petition to Confirm
Arbitration Award is GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER IN
THE AMOUNT OF $9,757.93, PLUS COSTS AND ATTORNEY FEES ACCORDING TO PROOF. ANALYSIS: On February 10, 2020,
an arbitrator issued an Arbitration Award in favor of Progressive Select
Insurance Company (“Petitioner”) and
against Ace American Insurance Company (“Respondent”). On July 29, 2020, Petitioner filed the
instant Petition to Confirm Arbitration Award (the “Petition”). 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).) While Petitioner has not attached a copy of the arbitration agreement, it
did file a proof of personal service of the Petition and Notice of Hearing on
August 14, 2020. (Proof of Service, filed 8/14/20.) This demonstrates that the
Petition and Notice of Hearing were served on Respondent on August 6, 2020, in the
manner provided by law for the service of summons in an action. Therefore, the
Court finds that the requirements of Code of Civil Procedure section 1290.4
have been satisfied. Service of the Arbitration Award
and Timing of Service of Petition (CCP §§ 1283.6, 1288, 1288.4) A copy of the Arbitration Award is attached to the Petition and, therefore,
was also personally served on Respondent on August 6, 2020. (Pet., Exh. B.)
This demonstrates compliance with Code of Civil Procedure section 1283.6
because proper service of the arbitration award with the Petition can stand in
for service of the arbitration award by the arbitrator. (Murry v. Civil
Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800). Furthermore, a party seeking a
court judgment confirming an arbitration award must file and serve the petition
no more than four years, but not less than 10 days, after the award is served. (CCP §§ 1288, 1288.4.) While service of the Petition on August 6, 2020 was
less than four years after concurrent service of the Arbitration Award, it was
not more than ten days after service of the Petition. However, because there is
no apparent prejudice to Respondent from non-compliance with the ten-day
requirement, the Court finds it is not a bar to confirmation of the Award. The Court finds that the requirements of Code of Civil Procedure sections
1283.6, 1288 and 1288.4 are 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: 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 complies with the
above requirements. It sets forth the nature of the agreement to arbitrate,
which is an Automobile Subrogation Arbitration Agreement. (Pet., p. 1:23-28.)
It also sets forth the name of the Arbitrator, Jose Correa and attaches a copy
of the Arbitration Award to the Petition. (Pet., Exh. B.) The Petition demonstrates that on February
10, 2020, the arbitrator issued an award requiring Respondent to pay Petitioner
$9,757.25. Therefore, the substantive portion of the Petition has been
satisfied. Finally, to the extent the Petition requests an award of
attorney fees and costs according to proof (Pet., p. 13:1-4), Petitioner may
file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700 and a
noticed motion for fees pursuant to Cal. Rules of Court Rule 3.1702. Conclusion Based on the foregoing, the Petition to Confirm Arbitration Award is
GRANTED. JUDGMENT TO BE ENTERED IN FAVOR OF PETITIONER IN THE AMOUNT OF $9,757.25,
PLUS COSTS AND ATTORNEY FEES ACCORDING TO PROOF. Moving party to give notice.
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