STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS ALLSTATE NORTHBROOK INDEMNITY COMPANY

Tentative Rulings

Case Number: 20STCP03924    Hearing Date: April 1, 2021    Dept: 25

HEARING DATE: Thu., April 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: State Farm Automobile Insurance Co. v. Allstate Northbrook Indemnity Co.

CASE NUMBER: 20STCP03924 PET. FILED: 11-25-20

PROCEEDINGS: PETITION TO CONFIRM ARBITRATION AWARD

MOVING PARTY: Petitioner State Farm Mutual Automobile Insurance Company

RESP. PARTY: None

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner State Farm Mutual Automobile Insurance Company’s Petition to Confirm Arbitration Award is GRANTED. Judgment to be entered against Respondent Allstate Northbrook Indemnity Co. in the amount of $8,913.88.

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 29, 2021 [ ] Late [X] None

REPLY: None filed as of March 29, 2021 [ ] Late [X] None

ANALYSIS:

1. Background

On February 14, 2020, Arbitrator Kimberly Montgomery (the “Arbitrator”) with Arbitration Forums, Inc. (“Forums”) issued an award requiring Respondent Allstate Northbrook Indemnity Company (“Respondent”) to pay Petitioner State Farm Mutual Automobile Insurance Company (“Petitioner”) $8,913.88 (the “Arbitration Award”). (Pet., Exh. B.)

On November 25, 2020, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondent. No opposition was 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 (the “Agreement”). (Pet., ¶ 4, Exh. B.) The Petition provides the name of the neutral Arbitrator and attaches a copy of the Arbitration Award. (Id.) 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 substitute served with the Petition and Notice of Hearing on January 29, 2021. (2/17/21 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., Exh. A.) The Arbitration Award demonstrates it was published on February 14, 2020. (Id.) 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 February 14, 2020, and this Petition was filed more than 10 days later, on November 25, 2020. Thus, Petitioner has satisfied the requirements of Sections 1288 and 1288.4.

1. Conclusion & Order

For the foregoing reasons, Petitioner State Farm Mutual Automobile Insurance Company’s Petition to Confirm Arbitration Award is GRANTED. Judgment to be entered against Respondent Allstate Northbrook Indemnity Co. in the amount of $8,913.88.

Moving party is ordered to give notice.