Judge: Christian R. Gullon, Case: 23PSCV01830, Date: 2024-02-14 Tentative Ruling

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Case Number: 23PSCV01830    Hearing Date: February 14, 2024    Dept: O

Tentative Ruling

 

DEFENDANT Honda’s Motion to Compel Binding Arbitration is CONTINUED pending the Ochoa decision.

 

Background

 

This is a lemon law case.

 

On June 20, 2023, Plaintiff filed suit.

 

On August 4, 2023, Defendant filed the instant motion.

 

On January 30, 2024, Plaintiff filed her opposition to the motion.

 

On February 6, 2024, Defendant filed its reply.

 

Discussion

 

As Plaintiffs rely upon Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324 (“Ochoa”), which has created a split of authority, and the case is on appeal to the California Supreme Court, the court continues the motion pending a determination by the Court.[1]

 

Conclusion

 

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



[1] See Part ‘C’ of Plaintiff’s Opposition. (Opp. pp. 17-18 [“The Court Should Follow Ochoa and Now Deny Defendant’s Motion . . . (i) In Selecting Conflicting Authority Among Courts of Appeal, Ochoa is Superior; (ii) The 2023 Ochoa Decision is Directly on Point; (iii) Felisilda is Distinguishable; (iv) Ochoa’s Reasoning is Correct.”].) Defendant’s Reply addresses Ochoa.