Judge: David Sotelo, Case: 21STCV29074, Date: 2022-10-19 Tentative Ruling

Case Number: 21STCV29074    Hearing Date: October 19, 2022    Dept: 40

The Court reconsiders its February 28, 2022 Ruling denying Defendant Kia America, Inc.’s Motion to Compel Arbitration in this action because the Ruling was erroneous in finding that Kia America did not via the doctrine of Equitable Estoppel have standing to invoke an Arbitration Agreement between Plaintiff William Martinez and Non-Party Kia Downtown Los Angeles.

Upon reconsideration of its February 28, 2022 Ruling, the Court finds (1) that it made an error in finding that Kia America did not have standing to invoke the Arbitration Agreement between Kia Downtown Los Angeles and Plaintiff Martinez, (2) Kia America in fact has standing to invoke the Arbitration Agreement via the doctrine of Equitable Estoppel, (3) the Arbitration Agreement constitutes a clear agreement to arbitrate between the parties, whose scope is broad and encompasses all four causes of action alleged by Plaintiff Martinez against Kia America, and (4) Plaintiff Martinez presents no valid defenses to Kia America’s rightful invocation of the Arbitration Agreement.

Defendant Kia America, Inc.’s January 3, 2022 Motion to Compel Arbitration is therefore, upon reconsideration, GRANTED as to causes of action one through four alleged in Plaintiff Martinez’s August 6, 2021 Complaint.