This case was last updated from Los Angeles County Superior Courts on 10/10/2020 at 00:57:09 (UTC).

UNITED FINACIAL CASUALTY COMPANY VS CHUBB NATIONAL INSURANCE COMPANY

Case Summary

On 02/27/2020 UNITED FINACIAL CASUALTY COMPANY filed an Other - Arbitration lawsuit against CHUBB NATIONAL 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0839

  • Filing Date:

    02/27/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

UNITED FINACIAL CASUALTY COMPANY

Respondent

CHUBB NATIONAL INSURANCE COMPANY

Attorney/Law Firm Details

Petitioner Attorney

NIVINSKUS MARK

 

Court Documents

Proof of Personal Service - Proof of Personal Service

7/21/2020: Proof of Personal Service - Proof of Personal Service

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

9/14/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request (name extension) - Request for Judgment Pursuant to Arbitration Agreement

9/14/2020: Request (name extension) - Request for Judgment Pursuant to Arbitration Agreement

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

9/14/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Case Management Statement - Case Management Statement

10/5/2020: Case Management Statement - Case Management Statement

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

10/8/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 07/02/2020

7/2/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition to Confirm Arbitration Award) of 07/02/2020

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

7/2/2020: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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

2/27/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

2/27/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

2/27/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Summons - Summons on Petition

2/27/2020: Summons - Summons on Petition

First Amended Standing Order - First Amended Standing Order

2/27/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

2/27/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

2 More Documents Available

 

Docket Entries

  • 11/09/2020
  • Hearing11/09/2020 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 10/08/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 11/09/2020 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 10/08/2020
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 10/08/2020
  • DocketPursuant to the request of plaintiff, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 10/08/2020 at 09:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 11/09/2020 09:30 AM

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  • 10/05/2020
  • DocketCase Management Statement; Filed by: United Finacial Casualty Company (Petitioner)

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  • 09/14/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: United Finacial Casualty Company (Petitioner); As to: Chubb National Insurance Company (Respondent)

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  • 09/14/2020
  • DocketDefault entered as to Chubb National Insurance Company; On the Petition filed by United Finacial Casualty Company on 02/27/2020

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  • 09/14/2020
  • DocketRequest for Judgment Pursuant to Arbitration Agreement; Filed by: United Finacial Casualty Company (Petitioner)

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  • 09/14/2020
  • DocketMemorandum of Costs (Summary); Filed by: United Finacial Casualty Company (Petitioner)

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  • 07/21/2020
  • DocketProof of Personal Service; Filed by: United Finacial Casualty Company (Petitioner); Service Cost Waived: No

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2 More Docket Entries
  • 07/02/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 07/02/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 10/08/2020 09:30 AM

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  • 07/02/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 10/08/2020 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 02/27/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: United Finacial Casualty Company (Petitioner); As to: Chubb National Insurance Company (Respondent)

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  • 02/27/2020
  • DocketSummons on Petition; Issued and Filed by: United Finacial Casualty Company (Petitioner); As to: Chubb National Insurance Company (Respondent)

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  • 02/27/2020
  • DocketCivil Case Cover Sheet; Filed by: United Finacial Casualty Company (Petitioner); As to: Chubb National Insurance Company (Respondent)

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  • 02/27/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 02/27/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/27/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/27/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 07/02/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/27/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP00839    Hearing Date: October 08, 2020    Dept: 26

United Financial Casualty Co. v. Chubb Nat’l Ins. Co., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner United Financial Casualty Company’s Petition to Confirm Arbitration Award is DENIED.

ANALYSIS:

Petitioner United Financial Casualty Company (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Chubb National Insurance Company (“Respondent”) on February 27, 2020. The Petition initially came for hearing on July 2, 2020 at which time the Court found Petitioner had not demonstrated service of the Petition, Notice of Hearing or Arbitration Award. The Court continued the hearing and ordered Petitioner to file supplemental papers correcting the service defects. The Court also ordered Petitioner to give notice of the order and continued hearing date.

On July 21, 2020, Petitioner filed proof of personal service of the Petition. (Proof of Service, filed 7/21/20.) The proof of service, however, does not show that Respondent was given notice of the Court’s order or new hearing date. 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 has still not filed proof of service demonstrating service of the Notice of Hearing on Respondent. The only additional filing by Petitioner was proof of service of the Petition itself. Therefore, the Court cannot find that Petitioner has satisfied the requirements for service of the Notice of Hearing under Code of Civil Procedure, section 1290.4, either as provided by the arbitration agreement or the service statutes.

Service of the Arbitration Award

Petitioner also fails to demonstrate 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. (Pet., Exh. B.) Service of the award in conjunction with the Petition can satisfy the statutory requirements but only if the requirements of Code of Civil Procedure section 1290.4 have been satisfied. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) As previously noted by the Court, no copy of the arbitration agreement is attached the Petition. Therefore, service of the Petition has not accomplished service of the Award.

Additionally, 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. Until service of the Arbitration Award is demonstrated, the Court cannot find that the requirements of either Code of Civil Procedure sections 1283.6 or 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:

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 Court previously determined that 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. 2:1-8.) It also sets forth the name of the Arbitrator (Christine Camp) and attaches a copy of the Award to the Petition. (Pet., Exh. 1.) The Petition demonstrates that on April 15, 2019, the arbitrator issued an award requiring Respondent to pay Petitioner $4,891.08. 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. 4:19-23), 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

The Court previously ruled that failure to correct the service defects might result in the Petition being placed off calendar or denied. In light of Petitioner’s failure to correct the service defects, the Petition to Confirm Arbitration Award is DENIED.

Court clerk to give notice.

Case Number: 20STCP00839    Hearing Date: July 02, 2020    Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner United Financial Casualty Company’s Petition to Confirm Arbitration Award is CONTINUED TO OCTOBER 8, 2020 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Petitioner United Financial Casualty Company (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Chubb National Insurance Company (“Respondent”) on February 27, 2020. 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 has not filed proof of service demonstrating service of the Petition and Notice of Hearing on Respondent. In fact, no copy of the arbitration agreement is attached the Petition. Therefore, the Court cannot find that Petitioner has satisfied the requirements for service under Code of Civil Procedure, section 1290.4, either as provided by the arbitration agreement or the service statutes.

Service of the Arbitration Award

Petitioner also fails to demonstrate 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. (Pet., Exh. B.) Service of the award in conjunction with the Petition can satisfy the statutory requirements but only if the requirements of Code of Civil Procedure section 1290.4 have been satisfied. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) As discussed above, Petitioner has not demonstrated proper service of the Petition.

Additionally, 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. Until service of the Arbitration Award is demonstrated, the Court cannot find that the requirements of either 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:

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. 2:1-8.) It also sets forth the name of the Arbitrator (Christine Camp) and attaches a copy of the Award to the Petition. (Pet., Exh. 1.) The Petition demonstrates that on April 15, 2019, the arbitrator issued an award requiring Respondent to pay Petitioner $4,891.08. 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. 4:19-23), 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 CONTINUED TO OCTOBER 8, 2020 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE PAPERS CORRECTING THE PROBLEMS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice of this order and the new hearing date.