Superior Court of California County of Los Angeles DEPARTMENT 17 TENTATIVE RULING JAMES MANIPIS vs. ALLSTATE NORTHBOOK INDEMNITY COMPANY Case No.: 19STCP04688 Hearing Date: January 22, 2021 Petitioner’s motion to compel arbitration is CONTINUED. The parties are to alert this Court once expert discovery has been completed so that an arbitration date can be selected. On October 30, 2019, Jaime Manipis (Petitioner) initiated this underinsured motorists claim. Now, Petitioner petitions this Court to compel Allstate Northbrook Indemnity Company (Respondent) to: (1) submit to arbitration; (2) to agree and select a neutral arbitrator from the list of Petitioner’s proposed arbitrators within 30 days, and (3) to set an arbitration date. In opposition, Respondent agrees to arbitration and does not object to the Court setting an arbitration date. However, Respondent requests that, due to the seriousness of the allegations, the parties be given sufficient time to complete expert discovery and designate expert witnesses for the arbitration hearing. (The superior court has exclusive jurisdiction to hear and rule on discovery matters arising in an UM arbitration. The arbitrator has no such power. See, Miranda v. 21st Century Ins. Co., supra, 117 Cal.App.4th at 924-926.) Respondent also expressed its belief that a retired Judge should arbitrate the dispute. Petitioner’s motion is incomplete in that it does not identify the arbitration agreement’s outlined method for selecting an arbitrator. The Court was unable to identify any such provision in the length policy attached with Petitioner’s motion. Accordingly, the Court does not reach the question of arbitrator selection. Petitioner did not submit a reply objecting to Respondent’s request that arbitration be set after expert discovery has been completed. Based on the foregoing, Petitioner’s petition will be granted. However, given the uncertainty of when expert discovery will be completed, the Court will continue Petitioner’s motion to allow a more reliable arbitration date to be set in the future. It is so ordered. Dated: January , 2021 Hon. Jon R. Takasugi Judge of the Superior Court Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. Due to Covid-19, the court is strongly discouraging in-person appearances. Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk. The court encourages the parties wishing to argue to appear via L.A. Court Connect. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.