Judge: Christian R. Gullon, Case: 22PSCV00668, Date: 2024-01-18 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling.

Counsel may submit on the tentative rulings by calling the clerk in Dept. O at 909-802-1126 before 8:30 the morning of the hearing. Submission on the tentative does not bind the court to adopt the tentative ruling at the hearing should the opposing party appear and convince the court of further modification during oral argument.

The Tentative Ruling is not an invitation, nor an opportunity, to file any further documents relative to the hearing in question. No such filing will be considered by the Court in the absence of permission first obtained following ex-parte application therefore.

Case Number: 22PSCV00668    Hearing Date: January 18, 2024    Dept: O

Tentative Ruling

DEFENDANT NISSAN NORTH AMERICA, INC.’S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS is CONTINUED.

Background

This is a lemon law case.

On June 30, 2022, Plaintiffs BRIANNA GARCIA and ENRIQUE GARCIA filed suit.

On February 9, 2023, Defendant filed the instant motion.

On July 6, 2023, Plaintiff filed its opposition.

On July 12, 2023, Defendant filed its Reply.

On July 19, 2023, the court adopted its tentative and continued the hearing. (There was no appearance by Plaintiffs’ Counsel.)

Discussion

Similar to the prior tentative, considering Plaintiffs’ heavy reliance upon the Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324 (“Ochoa”) which is on appeal, the court again continues the hearing.

Conclusion

Based on the foregoing, the motion to compel arbitration is continued.