Case Number: BS149035    Hearing Date: September 15, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

JUDITH M. NIHOT,
Plaintiff(s),
vs.

VIKING INSURANCE COMPANY,

Defendant(s).

CASE NO: BS149035

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL ARBITRATION AND APPOINT AN ARBITRATOR

Dept. 92
9/15/14
1:30 p.m. — #33

Petitioner, Judith M. Nihot’s Petition to Compel Arbitration is Granted. The Court nominates the following five arbitrators: Byron Rabin, Darryl Graver, Marvin Rowen, Michael Farrell, and Louis Meisinger. The parties are ordered to meet and confer in an attempt to select an arbitrator. If the parties are unable to do so, the Court will appoint an arbitrator from the above list on Tuesday, 9/24/14. The parties are ordered to notify the Court by 9/22/14 if they resolve the issue, so that no order on 9/24/14 will be necessary.

Petitioner, Judith M. Nihot seeks an order compelling Respondent, Viking Insurance Company to arbitrate the parties’ uninsured motorist dispute. The parties disagree strenuously concerning whose fault it is that arbitration has not gone forward to date, but agree that arbitration should be compelled. The petition to compel arbitration is therefore granted.

The real dispute between the parties is over appointment of an arbitrator. CCP §1281.6 governs appointment of an arbitrator. It provides:
If 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.

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 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 five-day period, the court shall appoint the arbitrator from the nominees.
The parties are ordered to meet and confer in an attempt to choose an arbitrator within the next five days. If the parties are unable to do so, the Court will choose an arbitrator from the list above. The Court sets a non-appearance case review for seven court days from today’s date, 9/24/14. If the parties agree to an arbitrator within five days (on or before 9/22/14), the parties are ordered to notify the Court to take the review off calendar. If the parties do not contact the Court, the Court will appoint an arbitrator on 9/24/14.

Dated this 15th day of September, 2014

Hon. Elia Weinbach
Judge of the Superior Court