Judge: Erick L. Larsh, Case: 2022-01259407, Date: 2023-01-04 Tentative Ruling

Defendants Mercedes-Benz USA, LLC and Fletcher Jones Motor Cars, Inc.’s motion to compel plaintiff Gabriela Gutierrez to contractual binding arbitration is granted.

Defendants met their burden to show a written arbitration agreement exists that covers plaintiff’s claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements].

All of plaintiff’s causes of action “arise out of” or are “in connection with” the purchase, lease and condition of the subject vehicle. (see EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1322; Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677, 684.)

Plaintiff failed to meet her shifted burden to show grounds for not enforcing the arbitration agreement between the parties.

Plaintiff is ordered to submit her claims against defendants to binding arbitration pursuant to their agreement.

This action is stayed pending completion of arbitration. (See Code Civ. Proc., § 1281.4.)

Moving Party’s request for Judicial Notice as to the complaint in this action is granted.

Moving Party to give notice.