Tentative Rulings

Case Number: ****8912    Hearing Date: December 24, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

NOTICE

Department #32 will be dark for motions.  The parties are ordered to email the Court’s clerk at SSCDept32@lacourt.org to inform the clerk whether they are submitting on the Court’s tentative or whether they are requesting a hearing.  If any party requests a hearing, one will be scheduled.  If the parties do not email the Court’s clerk before the hearing time to request a hearing, they will waive the right to be heard and shall submit to this tentative order, which shall issue.

TENTATIVE ORDER

Claimant Jonathan Mehrian (“Claimant”) moves to compel under-insured motorist arbitration with Respondent Farmers Insurance Exchange (“Respondent”), and to appoint an arbitrator. Respondent does not dispute that the parties must arbitrate their dispute, so the motion is granted.

The Court notes that the parties have been unable to agree on an arbitrator. Per Code of Civil Procedure section 1281.6, “If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator.” (Code Civ. Proc., ; 1281.6.)

As the parties have been unable to agree on an arbitrator, the Court must appoint an arbitrator. Claimant and Respondent shall each file a proposed list containing up to five arbitrators. These lists shall be filed on or before December 31, 2020. Based upon these lists, the Court will propose five potential arbitrators. If the parties fail to select an arbitration within five days (plus five days because the notice will be mailed), the Court shall appoint an arbitrator. If the parties agree to an arbitrator at any point, they shall file a stipulation with the Court.

The Court sets an Order to Show Cause why the Court should not select an arbitrator for January 8, 2021, at 1:30 p.m. Claimant shall provide notice and file proof of such with the Court.

DATED: December 24, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: ****8912    Hearing Date: January 24, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

Plaintiff Jonathan Mehrian filed this action against Defendants Hassan Abduh and Joseph Khoury (“Khoury”) (collectively “Defendants”) following a motor vehicle collision. Defendants move to set aside the default entered against Khoury on September 25, 2019. Plaintiff purportedly served Khoury on January 4, 2019 via substituted service. However, counsel for Defendants has advanced evidence that Khoury was deceased at that time. (See Declaration of Perry Forrester, Exhibit A.) If Khoury was deceased at the time Plaintiff purportedly served him, the default against Khoury is void. (See Peralta v. Heights Medical Center, Inc. (1988) 485 U.S. 80, 84.)

Plaintiff has stipulated to proceed against Khoury’s insurance policy, and to waive all damages not covered by the insurance policy. (See Prob. Code, ; 554; Declaration of Perry Forrester, Exhibit B.) Accordingly, the motion to set aside default is granted. Plaintiff may proceed against Khoury’s insurance policy. Defendant shall provide notice and file proof of such with the Court.

DATED: January 24, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: ****8912    Hearing Date: December 10, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

Plaintiff Jonathan Mehrian sued Defendants Hassan Abduh and Joseph Khoury (“Khoury”) (collectively “Defendants”) based on injuries Plaintiff in a motor vehicle collision. Counsel for Defendants moves to set aside the default entered against Khoury on September 25, 2019. Counsel for Defendants served this motion on Plaintiff by mail on October 24, 2019. That was not sufficient notice. (Code Civ. Proc., ; 1005, subd. (b).) As Plaintiff did not oppose the motion, he did not waive any objection to insufficient notice. Therefore, the Court continued the motion so counsel for Defendants could provide proper notice. The Court continued the hearing to December 10, 2019, and the Court ordered Defendants to “provide notice and file proof of such with the Court.” Defendants failed to do so. Therefore, this motion is denied without prejudice to Defendant re-filing and properly serving the motion sufficiently in advance of the hearing date.

DATED: December 10, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court