This case was last updated from Los Angeles County Superior Courts on 07/29/2020 at 13:59:54 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS STARR LIABILITY AND INSURANCE COMPANY

Case Summary

On 07/22/2019 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed an Other - Arbitration lawsuit against STARR LIABILITY AND 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 WENDY CHANG. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3158

  • Filing Date:

    07/22/2019

  • 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

WENDY CHANG

 

Party Details

Petitioner

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Respondent

STARR LIABILITY AND INSURANCE COMPANY

Attorney/Law Firm Details

Petitioner Attorney

MAGPAPIAN MANUEL M

 

Court Documents

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

7/6/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Judgment - Judgment -

3/25/2020: Judgment - Judgment -

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

2/18/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Notice (name extension) - Notice of Ruling

2/19/2020: Notice (name extension) - Notice of Ruling

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

1/29/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

12/13/2019: Proof of Personal Service - Proof of Personal Service

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

1/22/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

10/15/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

First Amended Standing Order - First Amended Standing Order

7/22/2019: First Amended Standing Order - First Amended Standing Order

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

7/22/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Summons - Summons on Petition

7/22/2019: Summons - Summons on Petition

Civil Case Cover Sheet - Civil Case Cover Sheet

7/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

7/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

7/22/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

2 More Documents Available

 

Docket Entries

  • 07/06/2020
  • DocketMemorandum of Costs (Summary); Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: STARR LIABILITY AND INSURANCE COMPANY (Respondent); Total Costs: 645.90

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  • 03/25/2020
  • DocketJudgment -; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: STARR LIABILITY AND INSURANCE COMPANY (Respondent)

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  • 03/25/2020
  • DocketCourt orders judgment entered for Petitioner STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY against Respondent STARR LIABILITY AND INSURANCE COMPANY on the Petition filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY on 07/22/2019 for the principal amount of $4,727.81 for a total of $4,727.81.

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  • 03/25/2020
  • DocketUpdated -- Judgment -: Status changed from Filed to Signed and Filed

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  • 03/10/2020
  • DocketNon-Appearance Case Review re lodging of proposed judgment scheduled for 03/13/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/10/2020

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  • 02/19/2020
  • DocketNotice of Ruling; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: STARR LIABILITY AND INSURANCE COMPANY (Respondent)

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  • 02/19/2020
  • DocketNon-Appearance Case Review re lodging of proposed judgment scheduled for 03/13/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 02/18/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 02/18/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 02/18/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/18/2020; Result Type to Held

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  • 01/29/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: STARR LIABILITY AND INSURANCE COMPANY (Respondent)

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4 More Docket Entries
  • 10/15/2019
  • DocketThere being no judge available this date, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 11/25/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 01/27/2020 10:30 AM

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  • 10/15/2019
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/26/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 11/25/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/26/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/22/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: STARR LIABILITY AND INSURANCE COMPANY (Respondent)

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  • 07/22/2019
  • DocketSummons on Petition; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: STARR LIABILITY AND INSURANCE COMPANY (Respondent)

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  • 07/22/2019
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Petitioner); As to: STARR LIABILITY AND INSURANCE COMPANY (Respondent)

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  • 07/22/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP03158    Hearing Date: February 18, 2020    Dept: 26

State Farm v. Starr Liability and Ins. Co., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner State Farm Mutual Automobile Insurance Company’s Petition to Confirm Arbitration Award is GRANTED. PROPOSED JUDGMENT TO BE FILED WITHIN TEN (10) DAYS.

ANALYSIS:

Petitioner State Farm Mutual Automobile Insurance Company (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Starr Liability and Insurance Company (“Respondent”) on July 22, 2019. 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 Respondents “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).)

Petitioner filed proof of service demonstrating personal service of the Petition and Notice of Hearing on Respondent on October 8, 2019. (Proof of Service, filed 12/13/19.) As this service satisfies the requirements for service of a summons, it also meets the requirements for service under Code of Civil Procedure, section 1290.4.

Service of the Arbitration Award (CCP §§ 1283.6, 1288)

Petitioner also demonstrates service of the arbitration award as required by Code of Civil Procedure section 1283.6. No proof of service is attached to the Arbitration Award, but it was served on Respondent in conjunction with the instant Petition. (Pet., Exh. B). This satisfies the statutory requirements as service of the arbitration award with the Petition is sufficient to overcome any irregularity in service of the Petition by the arbitrator. (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.)

Under Code of Civil Procedure section 1288, a petition to confirm arbitration must be filed and served no more than four years after the award was served. The Award was issued on December 14, 2019, making the Petition timely filed and served. (Pet., ¶11 and Exh. 2.)

Therefore, the Court finds that the requirements of Code of Civil Procedure, sections 1283.6 and 1288 have been 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:

  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.

  3. 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., ¶10.) It also sets forth the name of the Arbitrator (Brenda Rauch) and attaches a copy of the Award to the Petition. (Pet., Exh. 2.) The Petition demonstrates that on December 14, 2019, the arbitrator issued an award requiring Respondent to pay Petitioner $4,727.81. Accordingly, Petitioner has complied with the requirements of Code of Civil Procedure, section 1285.4.

Attorney’s Fees and Costs

To the extent Petitioner requests attorney’s fees and costs according to proof (Pet., p. 2:16-23), those are permitted on a petition to confirm arbitration award. (Code Civ. Proc., § 1293.2; MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th.Supp. 1, 7.) Petitioner may file a memorandum of costs pursuant to Cal. Rules of Court Rule 3.1700 and a noticed motion for attorney’s fees pursuant to Cal. Rules of Court Rule 3.1702.

Conclusion

Based on the foregoing, the Petition to Confirm Arbitration Award is GRANTED. PETITIONER TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS.

Moving party to give notice.