Motion to Compel Arbitration
26CV010729: BANDULA-TALBOT vs STATE FARM INSURANCE 06/16/2026 Hearing on Motion to Compel Arbitration in an Uninsured Motorist Claim in Department 16C
Tentative Ruling
NOTICE:
Please take notice, Department 54 has moved to Department 16C at the Tani G. Cantil-Sakauye Courthouse. The new courthouse is located at 500 G Street, Sacramento, CA 95814.
TENTATIVE RULING:
Petitioner Teresa Bandula-Talbots (Petitioner) motion to compel arbitration under Code of Civil Procedure section 1281.2 and Insurance Code section 11580.2, subdivision (f), is UNOPPOSED but DROPPED from the calendar, as follows.
Petitioner initiated this proceeding against Respondent State Farm Insurance (Respondent) on April 30, 2026, by filing a Petition for Assignment of Superior Court File Number in an Underinsured Motorist Matter (Petition). Petitioner subsequently filed a motion to compel arbitration on March 4, 2024, seeking an order submitting Petitioners claim for UIMC benefits to binding arbitration.
Under the California Arbitration Act, [a] copy of the petition [to compel arbitration] . . . 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).)
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.
26CV010729: BANDULA-TALBOT vs STATE FARM INSURANCE 06/16/2026 Hearing on Motion to Compel Arbitration in an Uninsured Motorist Claim in Department 16C
(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.
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(Code Civ. Proc., § 1290.4, subd. (b).)
It appears that Petitioner did not satisfy these requirements in this proceeding.
Petitioner did not include a copy of the Arbitration Agreement with her moving papers, and Respondent has not appeared in this action, therefore, it is unclear if the parties agreed to be served in a particular manner.
The proof of service attached to the petition is not signed or dated by the affiant. As a result, there is no proof that the petition was served on Respondent. Additionally, even if the proof of service was signed, the petition was electronically served on Respondents counsel. Electronic service on a party that has not yet appeared is not proper. Further, the proof of service of the moving papers states that the notice of motion and supporting papers were mail-served on the Respondents counsel, who is located in Arizona. The proof of service does not show that the motion and supporting papers were served by registered or certified mail as required by Code of Civil Procedure section 1290.4(b).)
Insufficient proof of service of the petition and moving papers requires the pending motion to be dropped. Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV010729: BANDULA-TALBOT vs STATE FARM INSURANCE 06/16/2026 Hearing on Motion to Compel Arbitration in an Uninsured Motorist Claim in Department 16C
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID 16030877014. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf.
Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/courtreporters/docs/crtrp-13.pdf.
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV010729: BANDULA-TALBOT vs STATE FARM INSURANCE 06/16/2026 Hearing on Motion to Compel Arbitration in an Uninsured Motorist Claim in Department 16C
reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.