Curtis vs. State National Insurance Company

4. Smith vs. Interinsurance Exchange of the Automobile Club 2026-01542336 CONTINUED to September 3, 2026, as stated in July 17, 2026 Minute Order

5. Curtis vs. State National Insurance Company 2026-01571332 Before the court is the petition by petitioner Robert Curtis (Petitioner) to compel respondents State National Insurance Company and Tesla Insurance Services, Inc. (collectively, Respondents) to participate in underinsured motorist arbitration. As more fully set forth below, the petition is CONTINUED TO THURSDAY, OCTOBER 1, 2026, AT 2:00 P.M., IN DEPARTMENT C23, for proof of service and supplemental information required to grant the petition.

California Rule of Court 3.1330 requires that a petition to compel arbitration or to stay proceedings pursuant to Code Civil Procedure section 1281.2 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The provisions must be stated verbatim, or a copy must be attached to the petition and incorporated by reference. Here, the arbitration agreement is neither attached nor set forth verbatim. Instead, para. 21 of the Petition merely states that an agreement to arbitrate exists. The fact that underinsured motorist arbitration is at issue does not excuse compliance with this requirement. The parties may agree to expand such arbitration beyond the statutorily required issue, and therefore a copy of the agreement is required.

In addition, there is no proof of service showing service of the Petition or notice of this hearing as required by Code of Civil Procedure section 1290.4. That code section states as follows:

“(a) 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. “(b) 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.”