2013-00153031-CL-PT

Vision Service Plan vs. Lucy P. Lu, O.D.

Nature of Proceeding:      Petition for Appointment of a Neutral Arbitrator

Filed By:   Garber, Bradley N.

Petitioner VSP’s Petition for Appointment of a Neutral Arbitrator is GRANTED.

The notice of motion does not provide notice of the Court’s tentative ruling system as
required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D).  Local Rules for the
Sacramento Superior Court are available on the Court’s website at
<http://www.saccourt.ca.gov/local-rules/local-rules.aspx> Counsel for moving party is
ordered to notify opposing party immediately of the tentative ruling system and to be
available at the hearing, in person or by telephone, in the event opposing party
appears without following the procedures set forth in Local Rule 1.06(B).

Although the arbitration agreement provides a method of appointing an arbitrator, the
extensive facts recited in the petition reflect that such method cannot here successfully
be followed. As the agreed method failed or cannot be followed, the Court, on petition
of a party to the arbitration agreement, shall appoint the arbitrator. C.C.P. section
1281.6.

Defendant does not oppose the selection of an arbitrator by the Court, but requests
that an arbitrator with experience in the health care industry, and from a private
disinterested arbitration association such as JAMS, AAA or ADR Services be  appointed by the Court.

The Court does not address the merits of the parties’ dispute, as they have agreed that
it shall be resolved by contractual arbitration.

Each party shall submit a list of three proposed neutral arbitrators with experience in
the health care industry, from private disinterested arbitration associations  to Dept. 53,
not later than Friday, March 7, 2014. The arbitrators shall be located in the Northern
California geographical area.

The parties’ lists of arbitrators shall be accompanied by declarations reflecting that
each is qualified in the area of health care disputes, they have no conflicts of interest
and are willing and able to serve as an arbitrator.  The Court will appoint one neutral
arbitrator from the lists provided.

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