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.