Motion to Compel Arbitration
Case No.: VCU331451 Date: May 26, 2026 Time: 8:30 A.M. Dept. 2-The Honorable Bret D. Hillman Motion: Motion to Compel Arbitration Tentative Ruling: To deny the motion without prejudice.
Facts Petitioner seeks an order compelling arbitration arising from an underinsured motorist claim for a motor vehicle crash. In support, Petitioner states on or about January 4, 2023, Petitioner was involved vehicle collision. Petitioner was injured as a result of the collision. However, upon settlement of her third-party claim, Petitioner needed additional treatment, thereby necessitating a demand for underinsured motorist coverage. Petitioner made such a request to Respondent for benefits pursuant to her policy. Respondent refused to afford coverage and refused to arbitrate the matter.
Petitioner attaches the policy as Exhibit A to the petition, noting that page 14 of the policy states, in pertinent part, "If we and an insured do not agree: whether that person is legally entitled to recover damages from the owner or operator of the uninsured motor vehicle under this coverage; or as to the amount of damages; then the matter shall be settled by arbitration..."
Petitioner proposes the four following arbitrators: Richard Stone, Ret. Leonard S. Levy, Esq. Darrel Forgey, Esq. Linda Marks, Ret.
On May 12, 2026, Petitioner filed a proof of service of these documents, indicating that personal service occurred on May 4, 2026. This service date, however, is less than 16 court days from this hearing date.
No opposition appears to have been filed.
Authority and Analysis Code of Civil Procedure section 1281.2 permits a party to file a petition to request that the Court order the parties to arbitrate a controversy. Insurance Code section 11580.2 establishes certain rules governing uninsured and underinsured motor vehicle insurance policies. Subdivision (f) of section 11580.2 requires that "the determination as to whether the insured shall be legally entitled to recover damages ... shall be made by agreement between the insured and the insurer or, in the event of disagreement, by arbitration." The provisions of section 11580.2 are deemed to be a part of every uninsured motorist policy. (Quintano v. Mercury Casualty Co. (1995) 11 Cal.4th 1049, 1053.)
Additionally, "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, Sec. 11580.2, subd. (f).) No such declaration has been submitted to the Court.
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The Court notes the petition alleges "Petitioner attempted both formal and informal attempts to initiate arbitration with Respondent to no avail. Attempts included formal UIM demand letters mailed via Certified Mail to Respondent" (Petition P.3.) However, no declaration in support thereof is provided. (See Ponte v. County of Calaveras (2017) 14 Cal.App.5th 551, 556 ["the arguments of counsel in a motion are not a substitute for evidence ...").)
Further, Code of Civil Procedure section 1005 requires that motions be served no less than 16 court days prior to the hearing date. Here, service occurred May 4, 2026, which is less than 16 court days from today's hearing date. Therefore, the Court denies the motion, without prejudice.
If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.
Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.
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