Motion to Compel Arbitration
26CV013925: IN THE MATTER OF: VIRGINIA LINN 07/30/2026 Hearing on Motion to Compel Arbitration in Department 16C
Tentative Ruling
Claimant Virginia Linns (Claimant) motion to compel arbitration in an underinsured motorist action against respondent Liberty Mutual Fire Insurance Company (Respondent) is UNOPPOSED and DROPPED due to defective service.
Code of Civil Procedure section 1290.4, subdivision (b) sets forth service requirements for a petition under the contractual arbitration law. Under that provision, if the arbitration agreement does not provide the manner in which 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 provision, service must be made in the manner provided by law for the service of a summons in an action. (Code Civ. Proc., 1290.4.) Here, there is no proof of service accompanying the motion, Respondent has not appeared, and Claimant has not presented the arbitration agreement so the Court has no way to determine whether it provides the manner in which service shall be made.
Defective service deprives the Court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.
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 Department 16C Oral Argument Request Line at (916) 874-1475 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.
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26CV013925: IN THE MATTER OF: VIRGINIA LINN 07/30/2026 Hearing on Motion to Compel Arbitration in Department 16C
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.
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*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL- SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 54 WILL BE HEARD IN DEPARTMENT 16C OF THE NEW COURTHOUSE. ***