Judge: Christian R. Gullon, Case: 23PSCV02122, Date: 2024-03-19 Tentative Ruling

Case Number: 23PSCV02122    Hearing Date: March 19, 2024    Dept: O

Tentative Ruling

 

DEFENDANT MERCEDES-BENZ USA, LLC’S MOTION TO COMPEL BINDING ARBITRATION is CONTINUED.

 

Background

 

This is a lemon law case.

 

On July 14, 2023, Plaintiffs NELSON REYES and EVELYN REYES filed suit against Defendant MERCEDES-BENZ USA, LLC for the following three causes of action (COAs):


1.     VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY

2.     VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY

3.     VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2(b)

 

On November 7, 2023, Defendant filed its answer.

 

On November 13, 2023, Defendant filed the instant motion.

 

On March 6, 2024, Plaintiffs filed their opposition.

 

On March 13, 2024, Defendant filed its reply.

 

Discussion

 

As the Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324 (“Ochoa”) is on appeal to the California Supreme Court and the state supreme Court is expected to address Felisilda v. FCA USA LLC (2020) 53 Cal.App.5th 486 regarding a nonsignatory’s ability to enforce an arbitration agreement against a signatory consumer, the court continues the motion pending a determination by the California Supreme Court.

 

 

Conclusion

 

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