On 01/18/2018 a Contract - Insurance case was filed by PORSCHE RANDLE against INFINITY INSURANCE COMPANY in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
****0282
01/18/2018
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
GREGORY KEOSIAN
RANDEL PORSCHE
INFINITY PROPERTY & CASUALTY CORPORATION
INFINITY INSURANCE COMPANY
DOES 1 TO 25
5/16/2019: Minute Order
11/16/2018: Minute Order
7/16/2018: Minute Order
7/16/2018: Minute Order
7/16/2018: RULING RE: IDEFENDANT INFINITY INSURANCE COMPANY'S MOTION TO COMPEL ARBITRATION
7/12/2018: MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS MOTION TO COMPEL ARBITRATION AND STAY CASE
6/21/2018: DECLARATION OF CHARLES A. DANAHER IN SUPPORT OF DEFENDANT INFINITY INSURANCE COMPANY?S MOTION TO COMPEL ARBITRATION AND DISMISS OR STAY THE CASE PENDING ARBITRATION
5/23/2018: CASE MANAGEMENT ORDER
5/23/2018: Minute Order
5/8/2018: CASE MANAGEMENT STATEMENT
5/8/2018: SUBSTITUTION OF ATTORNEY
4/30/2018: NOTICE OF ADVANCED JURY FEES POSTED
5/3/2018: REQUEST FOR DISMISSAL
4/23/2018: RULING RE: DEFENDANT INFINITY INSURANCE COMPANY'S DEMURRER AND MOTION TO STRIKE PORTIONS OF THE COMPLAINT
4/13/2018: CIVIL DEPOSIT
3/23/2018: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO COMPLAINT AND ETC.
3/23/2018: DECLARATION OF KEITH S. CICERON IN SUPPORT OF DEMURRER TO COMPLAINT AND MOTION TO STRIKE PORTIONS OF THE COMPLAINT
1/24/2018: ORDER TO SHOW CAUSE HEARING
Hearingat 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference
Docketat 09:00 AM in Department 61; Status Conference (re Arbitration) - Held - Continued
DocketMinute Order ( (Status Conference re Arbitration)); Filed by Clerk
DocketNotice (of Court's Minute Order Dated May 16, 2019); Filed by Infinity Insurance Company (Defendant)
Docketat 09:00 AM in Department 61; Status Conference (re Arbitration) - Held - Continued
DocketMinute Order ( (Status Conference re Arbitration)); Filed by Clerk
Docketat 09:00 AM in Department 61; (Hearing-Arbitration) - Held - Continued
DocketMinute Order ((Legacy Event Type : Hearing-Arbitration)); Filed by Clerk
Docketat 09:01 AM in Department 61; Unknown Event Type - Held - Taken under Submission
Docketat 1:30 PM in Department 61; Ruling on Submitted Matter - Held - Motion Granted
DocketProof-Service/Summons
DocketOSC-Failure to File Proof of Serv; Filed by Clerk
DocketPROOF OF SERVICE SUMMONS
DocketPROOF OF SERVICE SUMMONS
DocketNotice of Case Management Conference; Filed by Clerk
DocketORDER TO SHOW CAUSE HEARING
DocketNOTICE OF CASE MANAGEMENT CONFERENCE
DocketCOMPLAINT FOR DAMAGES 1. BREACH OF CONTRACT; ETC
DocketComplaint; Filed by Porsche Randel (Plaintiff)
DocketSUMMONS
Case Number: BC690282 Hearing Date: March 06, 2020 Dept: 61
CONTENTS OF THE PETITION
“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 respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) A petition must include (a) the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement, (b) the names of the arbitrators, and (c) a copy of the award and the written opinion of the arbitrators, if any. (Code Civ. Proc., § 1285.4.)
The court may take judicial notice of the arbitration agreement that formed the basis of its order compelling the parties to arbitration. The petition here also attaches the decision of the arbitrator denying Randle relief on September 22, 2019. Thus the above requirements have been met.
Service
“No petition may be served and filed under this chapter until at least 10 days after service of the signed copy of the award upon the petitioner.” (Code Civ. Proc., § 1288.4.) “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.” (Code Civ. Proc., § 1290.4, subd. (a).)
Subdivision (b) provides:
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.
(2) Service outside this State shall be made by mailing the copy of the petition and notice and other papers by registered or certified mail. Personal service is the equivalent of such service by mail. Proof of service by mail shall be made by affidavit showing such mailing together with the return receipt of the United States Post Office bearing the signature of the person on whom service was made. Notwithstanding any other provision of this title, if service is made in the manner provided in this paragraph, the petition may not be heard until at least 30 days after the date of such service.
(Code Civ. Proc., § 1290.4, subd. (b).)
Here, service was accomplished upon Randle’s counsel after they appeared in the action, and such service is valid. (See Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1207 [holding that service of petition upon other party’s counsel was sufficient where other party had already appeared in the action].) Randle has filed no opposition to the motion.
The Petition to Confirm Arbitration Award is therefore GRANTED.