Case Number: PC051346    Hearing Date: July 23, 2014    Dept: 92

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

BURK WIEDNER,
Plaintiff(s),
vs.

RICHARD MARTURANO, et al.,

Defendant(s).

CASE NO: PC051346

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO APPOINT AN ARBITRATOR

Dept. 92
1:30 p.m. — #28
July 23, 2014

Defendant, Richard Marturano’s Motion to Appoint an Arbitrator is Granted. The Court nominates Wendy Kramer, Ret. Judge Michael Hoff, Floyd Siegal, _______________, and _________________ as potential arbitrators. The Court sets a non-appearance case review for Wednesday, July 30, 2014 at 1:30 p.m. If the parties agree on an arbitrator prior to that time, the parties are ordered to contact the Court to take the matter off calendar. If the parties fail to do so, the Court will issue a minute order on 7/30/14 appointing an arbitrator from the foregoing list.

Plaintiff, Burk Wiedner filed this action against Defendant, Richard Marturano for damages arising out of an automobile accident. On 5/16/13, the parties filed a stipulation to submit the case to binding arbitration. With respect to choice of the arbitrator, at ¶2 the parties’ agreement provides, “Arbitrator to be selected by parties.” Nothing further is stated in the parties’ stipulation concerning how that choice will be made.

At this time, Defendant moves the Court for an order appointing an arbitrator. Defense Counsel declares the parties, despite best efforts, have been unable to agree upon an arbitrator.

CCP §1281.6 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.

Defendant asks the Court to include Wendy Kramer, Ret. Judge Michael Hoff, and Floyd Siegal in the list of nominees. Notably, any opposition to the motion was due on or before 7/10/14. As of 7/17/14, the Court has not received any opposition to the motion. The Court therefore nominates Wendy Kramer, Ret. Judge Michael Hoff, Floyd Siegal, ___________________, and ______________________ as potential arbitrators in this action. The Court sets a non-appearance case review re: appointment of an arbitrator for Wednesday, July 30, 2014 at 1:30 p.m. in D-92. If the parties agree on an arbitrator from this list (or otherwise) before that time, they are ordered to contact the Court to take the case review off calendar. If the parties to not agree on an arbitrator, the Court will issue a minute order on 7/30/14 appointing an arbitrator from the foregoing list.

Dated this 23rd day of July, 2014

Hon. Elia Weinbach
Judge of the Superior Court