BANDULA-TALBOT vs STATE FARM INSURANCE

26CV011216: BANDULA-TALBOT vs STATE FARM INSURANCE 06/23/2026 Hearing on Motion to Compel Arbitration in Department 16D

Tentative Ruling

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 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. 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 on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.

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 reporter from the Court’s 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

26CV011216: BANDULA-TALBOT vs STATE FARM INSURANCE 06/23/2026 Hearing on Motion to Compel Arbitration in Department 16D

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 Reporter’s Office and an official reporter will be provided.

*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***

TENTATIVE RULING:

Petitioner Teresa Bandula-Talbot’s (“Petitioner”) motion to compel arbitration is UNOPPOSED but DENIED without prejudice.

This proceeding concerns Petitioner’s underinsured motorist coverage (“UIMC”) Petitioner was involved in a motor vehicle collision with a third party on March 26, 2024. Petitioner settled the third-party claim on November 5, 2024 for the adverse driver’s policy limits of $15,000.

Petitioner initiated this proceeding against Respondent on May 5, 2026, by filing a Petition for Assignment of Superior Court File Number in an Underinsured Motorist Matter. Petitioner subsequently filed this Motion to Compel Arbitration on May 11, 2026 seeking an order submitting Petitioner’s claim for UIMC benefits to binding arbitration.

While this motion is unopposed it is nonetheless denied for the following reasons.

First, Petitioner has cited no applicable authority in her notice of motion. However, in her moving memorandum of points and authorities, Petitioner cites and thereby relies upon two statutory provisions, Code of Civil Procedure § 1281.2 and Insurance Code § 11580.2, subdivision (f).

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV011216: BANDULA-TALBOT vs STATE FARM INSURANCE 06/23/2026 Hearing on Motion to Compel Arbitration in Department 16D

Insurance Code § 11580.2, subdivision (f) provides, in pertinent part:

Any demand or petition for arbitration shall contain a declaration, under penalty of perjury, stating whether (i) the insured has a workers’ compensation claim; (ii) the claim has proceeded to findings and award or settlement on all issues reasonably contemplated to be determined in that claim; and (iii) if not, what reasons amounting to good cause are grounds for the arbitration to proceed immediately.

(Ins. Code § 11580.2(f) [emphasis added].)

Although specifically relying upon section 11580.2(f), the submitted Declaration of Christopher Wood does not satisfy the above requirements as it fails to address the issues referenced therein. Further, even to the extent that Petitioner may believe no workers’ compensation claim is at issue, the attestations referenced above must be made with “any demand or petition for arbitration.”

Second, insofar as Petitioner specifically relies upon Code of Civil Procedure section 1281.2, “[a] petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 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 physically or electronically attached to the petition and incorporated by reference.” (Cal. Rules of Court, rule 3.1330.)

Here, Petitioner merely argues that “the arbitration agreement is not in controversy, and [Petitioner] has the right bring this matter before the Court.” (Moving MPA at 3:20-21.) This assertion alone is not in compliance with section 1281.2. The present motion does not include a copy of the subject arbitration agreement or recite the applicable provisions verbatim. Thus, Petitioner has not, by these moving papers, met her initial burden to compel arbitration in this matter.

Thus, for the foregoing reasons, Petitioner’s motion is DENIED without prejudice.

The minute order is effective immediately. No formal order pursuant to California Rules of Court Rule 3.1312 or further notice is required.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV011216: BANDULA-TALBOT vs STATE FARM INSURANCE 06/23/2026 Hearing on Motion to Compel Arbitration in Department 16D