Judge: Carolyn M. Caietti, Case: 37-2018-00035131-CU-BT-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 17, 2023

08/18/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Business Tort Hearing on Petition 37-2018-00035131-CU-BT-CTL MILIATE VS SAN DIEGO HOUSE OF MOTORCYCLES INC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Notice of Hearing, 04/24/2023

Defendant San Diego House of Motorcycles, Inc. dba North County's House of Motorcycle's Petition to Confirm Arbitration Award is GRANTED.

Plaintiff filed a response to this motion, indicating he does not oppose confirmation and 'Plaintiff had purchased a different motorcycle as well, which claims are not covered by an arbitration provision.

Because Plaintiff's class claims remain, Plaintiff will request leave to file an amended class action complaint after the stay concerning the arbitration is lifted.' (ROA 146.) Defendant satisfied the requirements of C.C.P. section 1285.4. (ROA 142 – Petition, ROA 144 – Declaration of Erik Kemp.) There is no basis to correct or vacate the arbitration award. The Court is required to confirm the award. (C.C.P., § 1286.) The arbitration award (ROA 142 – Petition, at Ex. 8(c)) is confirmed in its entirety.

The stay is lifted.

The Court will hear from the parties regarding the next steps of the litigation.

Defendant is ordered to: (i) prepare and submit a proposed judgment in accordance with any applicable laws and rules; and (ii) serve notice of this ruling by August 22, 2023.

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