IN THE MATTER OF: NORTH LIGHT SPECIALTY INSURANCE COMPANY

26CV009637: IN THE MATTER OF: NORTH LIGHT SPECIALTY INSURANCE COMPANY 09/10/2026 Hearing on Motion to Compel Arbitration the Appointment of a Neutral Arbitrator in an Underinsured Motorist Action (C.C.P. 1281.6, Insurance Code 11580.2) in Department 16D

Tentative Ruling

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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

26CV009637: IN THE MATTER OF: NORTH LIGHT SPECIALTY INSURANCE COMPANY 09/10/2026 Hearing on Motion to Compel Arbitration the Appointment of a Neutral Arbitrator in an Underinsured Motorist Action (C.C.P. 1281.6, Insurance Code 11580.2) in Department 16D

hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

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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 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ***

TENTATIVE RULING: Respondent Shermohammad Gholami’s motion to compel appointment of a neutral arbitrator is granted as set forth below.

This proceeding concerns Respondent’s underinsured motorist claim. Respondent was involved in a motor vehicle collision with a third party on June 7, 2022. Respondent’s insurer, Petitioner North Light Specialty Insurance Company instituted this proceeding by filing a Petition to Assign Miscellaneous Case Number on April 16, 2026.

Respondent indicates that he formally demanded arbitration pursuant to Insurance Code § 11580.2 on May 28, 2026. (Fareed Decl. ¶ 5.) According to Respondent, Petitioner disagrees with his proposed arbitrators.

Respondent now moves to compel appointment of an arbitrator pursuant to CCP § 1281.6. Petitioner opposes the motion on the basis that the motion is premature because Respondent has not cooperated in selecting an arbitrator.

As a preliminary matter Insurance Code §11580.2(f) requires that an underinsured motorist policy contain a provision requiring arbitration with respect to the issue of the insured’s entitlement to damages and the amount of damages. It also provides that any arbitration shall be conducted by a single neutral arbitrator. That section does not provide the authority for a Court to compel either appointment of an arbitrator or even arbitration.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV009637: IN THE MATTER OF: NORTH LIGHT SPECIALTY INSURANCE COMPANY 09/10/2026 Hearing on Motion to Compel Arbitration the Appointment of a Neutral Arbitrator in an Underinsured Motorist Action (C.C.P. 1281.6, Insurance Code 11580.2) in Department 16D

CCP § 1281.6 provides as follows: “[i]f the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator.” (CCP § 1281.6.) Respondent indicates that the policy provides for arbitration by a “single neutral arbitrator” and requests appointment of one of three individuals.

Petitioner indicates that Respondent first proposed the three individuals on July 16, 2026 and demanded a response within two days. (Ghaemmaghami Decl. ¶ 9, Exh. 2.) Petitioner stated that it would reply by July 28, 2028. (Id. 10.) Petitioner notified Respondent on July 24, 2026, that it did not agree to the three individuals and proposed three others to serve as arbitrator. (Id. ¶ 11.) Respondent responded that same day and simply indicated that Petitioner should agree to arbitrate before Judge Abbott and did not accept or reject Petitioner’s three proposed arbitrators. (Id. ¶ 12.)

On August 4, 2026, Petitioner requested that Respondent respond to its proposed arbitrators. (Id. ¶ 13.) On August 13, 2026, Respondent sent two emails to Petitioner. The first proposed three new arbitrators and demanded a response within two business days and the second email requested a response by noon the following day as that was the deadline to file a motion. (Id. ¶ 14.) Respondent did not respond to Petitioner’s proposal until after the instant motion was filed. (Id. ¶ 19.) Respondent rejected Petitioner’s proposed arbitrators.

While Petitioner argues that Respondent failed to respond to Petitioner’s proposed arbitrators until after filing the instant motion, and that Respondent failed to allow a selection process to fully proceed, it is clear that the parties are unable to select a neutral arbitrator. In addition, the subject policy does not provide a method for appointing the arbitrator. Petitioner’s opposition confirms that the parties cannot select an arbitrator. Thus, it is proper for Respondent to seek an order from the Court pursuant to CCP § 1281.6.

“When a petition is made to the court to appoint a neutral arbitrator, the court shall nominate five persons from lists of persons supplied jointly by the parties to the arbitration or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration. The parties to the agreement who seek arbitration and against whom arbitration is sought may within five days of receipt of

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV009637: IN THE MATTER OF: NORTH LIGHT SPECIALTY INSURANCE COMPANY 09/10/2026 Hearing on Motion to Compel Arbitration the Appointment of a Neutral Arbitrator in an Underinsured Motorist Action (C.C.P. 1281.6, Insurance Code 11580.2) in Department 16D

notice of the nominees from the court jointly select the arbitrator whether or not the arbitrator is among the nominees. If the parties fail to select an arbitrator within the fiveday period, the court shall appoint the arbitrator from the nominees.” (CCP § 1281.6.)

The parties did not jointly supply a list, but Respondent proposed three names. Petitioner did not propose any names in its opposition. While Petitioner suggests that the parties were required to supply a joint list, the statute makes clear that the nominations can come from either a joint list or “from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration.” (CCP § 1281.6.) \

The Court hereby nominates the following five (5) individuals:

Hon. Russell L. Hom (Ret.) (Judicate West) Hon. Judy H. Hersher (Ret.) (Judicate West) Hon. David Brown (Ret.) (JAMS) Hon. Robert Hight (Ret.) (JAMS) Hon. David Abbott (Ret.) (Judicate West)

Under Code of Civil Procedure §1281.6, the parties “may within five days...jointly select the arbitrator whether or not the arbitrator is among the nominees.” Should the parties fail to jointly select an arbitrator within the five day period, they shall notify the Court in writing and the Court will appoint an arbitrator from the list of nominees. In the latter instance, the Court’s appointment will govern subject to only proper disqualification under Code of Civil Procedure section 1281.91.

Finally, Respondent requests that any arbitration be ordered to take place within 90 days. Respondent cites no authority which would permit the Court to require an arbitration to take place by a date certain. While Respondent cites CCP § 1141.11, that statute applies to judicial arbitration has no application to underinsured motorist arbitrations. Any scheduling issues shall be addressed to the arbitrator once selected.

This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.