Judge: Colin Leis, Case: 21STCV23469, Date: 2023-03-03 Tentative Ruling

Case Number: 21STCV23469    Hearing Date: March 3, 2023    Dept: 74

FREDY CAMPOS vs NISSAN NORTH AMERICA, INC. 21STCV23469

The parties have been ordered to arbitration by prior court order. The issue before the court today is who shall be the arbitrator. Plaintiff may choose AAA as the arbitrator; alternatively, plaintiff may choose someone else. If plaintiff wants an arbitrator other than AAA, plaintiff’s choice is subject to defendant’s approval. Defendant has not approved plaintiff’s proposed alternatives to AAA. Plaintiff’s motion does not show defendant has withheld in bad faith defendant’s approval of plaintiff’s preferred choices (Mtn 6-7); plaintiff’s motion instead discusses the reasons plaintiff prefers an arbitrator other than AAA. (Mtn p. 8-12). Plaintiff’s motion rests on writing out of the contract defendant’s right to approve an arbitrator other than AAA. The court will not rewrite the parties’ contract. The court denies plaintiff’s motion. The parties shall submit their case to AAA for arbitration.