Judge: Colin Leis, Case: 22STCV32174, Date: 2023-08-23 Tentative Ruling
Case Number: 22STCV32174 Hearing Date: August 23, 2023 Dept: 74
Adalberto Tapia et al. v.
Mercedes-Benz USA, LLC, et al.
Motion to Compel Arbitration and
Stay Proceedings
The
court considered the moving papers, opposition, and reply.
BACKGROUND
This action arises from a dispute
over a defective 2020 Mercedes-Benz GLE.
On
September 30, 2022, Plaintiffs Adalberto and Sylvia Tapia (Plaintiffs) filed a
complaint against LAD-MB, LLC and Defendant Mercedes Benz USA, LLC (Defendant).
In the complaint, Plaintiffs allege breach of express warranty, breach of
implied warranty, and negligent repair.
On
December 19, 2022, Defendant filed this motion to compel arbitration.
DISCUSSION
Defendant
aims to compel arbitration under the Court of Appeal, Third District’s decision
in Felisilda v. FCA LLC (2020) 53 Cal.App.5th 486 (Felisilda). But
another panel in the Third District recently disagreed with that decision. (Kielar
v. Superior Court of Placer County (August 16, 2023, CO96773) __
Cal.Rptr.3d __ [2023 WL 5270559].) Moreover, the court finds Ford Motor
Warranty Cases (2023) 89 Cal.App.5th 1324 (Ford Motor Warranty Cases)
and Montemayor v. Ford Motor Company (2023) 92 Cal.App.5th 958 (Montemayor)
better reasoned than Felisilda. On July 19, 2023, petition for review
was granted for Ford Motor Warranty Cases. However, review has not been
granted for Montemayor. Accordingly, the court will exercise its
discretion and follow the precedent of Montemayor. “[W]here there is
more than one appellate court decision, and such appellate decisions are in
conflict . . . the court exercising inferior jurisdiction can and must make a
choice between the conflicting decisions. (Auto Equity Sales, Inc. v.
Superior Court of Santa Clara County (1962) 57 Cal.2d 450, 455.)
CONCLUSION
Based on the foregoing, the court denies
Defendant’s motion to compel arbitration.
Plaintiffs are ordered to give
notice of this ruling.
IT IS SO ORDERED.