Motion to Compel Arbitration and Appoint Arbitrator in an Underinsured Motorist Action with Request for Sanctions
6. 25CV02105 BISHOP, LILLIAN K ET AL V. GENERAL MOTORS, LLC EVENT: Defendant General Motors LLC’s Motion for Compliance Pursuant to C.C.P. § 871.26; and Request for Sanctions Defendant General Motors LLC’s Motion for Compliance Pursuant to C.C.P. §871.26; and Request for Sanctions is GRANTED. Plaintiffs Lilian K. Bishop and Nicholas D. Bishop are hereby ordered to sit for deposition pursuant to Code of Civil Procedure §871.26(c)(1) within ten (10) days of the hearing on this Motion. Monetary sanctions are also issued against Plaintiffs Lilian K. Bishop and Nicholas D. Bishop’s attorneys of record, Strategic Legal Practices, APC, in the amount of $1,500 for violation of Code of Civil Procedure §871.26(j)(2). These sanctions are to be paid to Defendant within fifteen (15) business days of the hearing on this Motion. The Court will sign the form of order submitted.
7-8. 25CV02798 TYLER, MATHEW V. STATE OF CALIFORNIA ET AL EVENTS: (1) State Defendants’ Demurrer (2) Demurrer to Complaint by Former Senator Dahle, Assembly Member Gallagher, Deputy Legislative Counsel Benjamin Herzberger, and the Office of Legislative Counsel The Court is not yet in receipt of the Supplemental Complaint, that was authorized by this Court’s Order of January 14, 2026. It is the Court’s understanding that the Plaintiff has attempted on at least two occasions to file the Supplemental Complaint electronically, but that the filings were rejected due to being incorrectly formatted for filing through the electronic service provider.
Additionally, it appears that Plaintiff attempted to file a Motion for Judgment on the Pleadings for hearing this date (given the Joint Opposition filed thereto by Defendants on April 2, 2026), but the Court does not have any such Motion in its file, it also having been rejected for the same formatting issues. The Court therefore continues this matter (both pending Demurrers and the Motion for Judgment on the Pleadings) to April 29, 2026 at 9:00 a.m. to allow Plaintiff to file his Supplemental Complaint and Motion for Judgment on the Pleadings.
9. 25CV03575 CHAMBERS, ALICIA V. GEICO GENERAL INSURANCE CO EVENT: Motion to Compel Arbitration and Appoint Arbitrator in an Underinsured Motorist Action with Request for Sanctions The Proof of Service indicates that the Motion was served electronically on March 27, 2026, which is only 12 Court days’ notice. Pursuant to Code of Civil Procedure §1005(b), an additional 4 Court days’ notice is required, and pursuant to Code of Civil Procedure §1010.6(3)(B), an additional 2 Court days’ notice is required for electronic service. Thus, notice here is insufficient. However, based on the Court’s receipt of a substantive opposition, the Court in its discretion has considered the merits of the Motion. 3|Page
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
The AAA Consumer Arbitration Rules R-15 expressly states that “AAA maintains a National Roster of Arbitrators (“National Roster”) and shall appoint arbitrators from this National Roster to resolve the parties’ dispute(s)” [See, Declaration of Andria J. Jaramillo, filed with the Opposition on April 3, 2026; at Paragraph 6; Exhibit B at Page 14 – R-15. Number and Appointment of Neutral Arbitrators]. The Court finds that because the arbitration agreement references application of the AAA Consumer Arbitration Rules, the entirety of those Rules apply, including the selection of an arbitrator.
The arbitration agreement thus provides a method of appointing an arbitrator and that method should be followed. The Motion is denied.
10-11. 25CV04754 DONNA MCLAUGHLIN, BY AND THROUGH HER SUCCESSOR IN INTEREST HEIDI BLIDE ET AL V. ENLOE MEDICAL CENTER ET AL EVENTS: (1) Defendants Francisco Javier Alvarez, M.D. and Enloe Primary Physicians Medical Group, Inc., dba Chico Hospitalist Group’s Demurrer to Plaintiffs’ Complaint (2) Defendants Francisco Javier Alvarez, M.D. and Enloe Primary Physicians Medical Group, Inc., dba Chico Hospitalist Group’s Motion to Strike Punitive Damages and Attorneys’ Fees and Costs From Plaintiffs’ Complaint On the Court’s own motion this matter is continued to April 22, 2026 at 9:00 a.m.
4|Page