Judge Carolyn M. Caietti, Case 37-2022-00033441-CU-BC-CTL 2023-10-13 Tentative Ruling

Judge: Carolyn M. Caietti, Case: 37-2022-00033441-CU-BC-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 12, 2023

10/13/2023 10:30:00 AM C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00033441-CU-BC-CTL MIKHAEL VS BMW OF NORTH AMERICA LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 04/03/2023

Defendant BMW of North America, LLC's Motion to Compel Arbitration and Stay Proceedings is DENIED.

Defendant has not proved the existence of an arbitration agreement. (C.C.P., § 1281.2; Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413; Hotels Nevada v. L.A. Pacific Ctr., Inc.

(2006) 144 Cal.App.4th 754, 758.) Here, although Defendant refers to the Declaration of Jad Doudar, this declaration is not in the Court's record, precluding the Court from reviewing the arbitration agreement.

Even if the Court accepts Defendant's representation of what the arbitration agreement states, Defendant has not met its burden. Generally, one must be a party to an arbitration agreement to be bound by it or invoke it. (JSM Tuscany, LLC v. Sup. Ct. (2011) 193 Cal.App.4th 1222, 1236-37; see also, Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236 (explaining a party cannot be required to submit to arbitration any dispute which he has not agreed to submit).) However, exceptions apply. Here, Defendant maintains equitable estoppel and third-party beneficiary theories apply. Several appellate decisions have found they do not in this context. This Court agrees with their reasoning and declines to follow Felisilda v. FCA U.S. LLC (2020) 53 Cal.App.5th 486.

(See, Ford Motor Warranty Cases [Ochoa] (2023) 89 Cal.App.5th 1324, 1333, review granted (July 19, 2023) S279969; Montemayor v. Ford Motor Co. 92 Cal.App.5th 958, 961, rev. filed Aug. 1, 2023; Kielar v. Sup. Ct. (2023) 94 Cal.App.5th 614; Yeh v. Sup. Ct. (Sept. 6, 2023, No. A166537) 2023 WL 5741703).) Accordingly, the motion to compel arbitration is DENIED.

The Court sets a Case Management Conference on December 1, 2023, at 10:15 a.m., in Department 70.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Defendant is ordered to serve written notice of the Court's final ruling on all appearing parties by October 17, 2023, unless all parties submit on the tentative ruling or waive notice at the hearing.

The parties are reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

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