Judge: Colin Leis, Case: 22STCV39527, Date: 2023-09-29 Tentative Ruling

Case Number: 22STCV39527    Hearing Date: September 29, 2023    Dept: 74

Eliceo Cortes Olmos, et al. v. Nissan North America, Inc.

Motion to Compel Arbitration and Stay Proceedings

The court considered the moving papers, opposition, reply.

TENTATIVE RULING

            The court denies the motion to compel arbitration because Montemayor v. Ford Motor Company (2023) 92 Cal.App.5th 958 is better reasoned than Felisilda v. FCA LLC (2020) 53 Cal.App.5th 486.

BACKGROUND

            This action arises from a dispute over a defective 2020 Nissan Versa.

            On December 20, 2022, Plaintiffs Eliceo Cortes Olmos and Magdalena Alonso (Plaintiffs) filed a complaint against Defendant Nissan North America, Inc. (Defendant). The complaint alleges violations of the Song-Beverly Act.

            On May 8, 2023, Defendant filed this motion to compel arbitration and stay proceedings.

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 (2023) 94 Cal.App.5th 614.) 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.