Judge: Glenn R. Salter, Case: 22-1278853, Date: 2023-07-27 Tentative Ruling

Motion for Reconsideration

The motion of defendant Nissan North America, Inc., for reconsideration of the order of June 22, 2023 (ROA 292), is DENIED.

Defendant’s motion does not comply with the strictures of Code of Civil Procedure section 1008.  There are no new facts or law.  Counsel simply wants to reargue the motion because he does not like the result.

Although the tentative ruling indicated that the court was inclined to stay the entire proceeding as to the manufacturer pending resolution of the arbitration proceeding as to the defendant dealer, a court’s tentative ruling is just that—tentative.  It may make a final ruling that is consistent with, or completely different from, the tentative.  Further, there is no requirement that the court explain in the minute order the reason it changed its mind especially when the issues were fully fleshed out at the hearing.

Even were the court to grant reconsideration it would not change the final ruling of June 22, 2023.

All other requests, such as to stay the arbitration, are also DENIED.  Case law holds that the court may not stay arbitration under the FAA.

Motion to Compel Deposition

The motion of the plaintiff to compel the deposition of the defendant manufacturer’s “Person Most Knowledgeable” and for sanctions is CONTINUED to September 7, 2023, at 1:30 pm.

The parties filed a stipulation agreeing to continue the motion to compel deposition because they have agreed to a deposition date.  (See ROA 344.)  They want to keep the motion on calendar just in case the deposition does not take place.

The plaintiff is ORDERED to advise the court forthwith if the motion may be taken off calendar.

Other Discovery Motions

There are four other discovery motions on calendar, but none of them comply with the requirements of Rule 3.1345 of the California Rules of Court.

The motions are DENIED with 15 days leave to re-file and re-serve the motions in compliance with the applicable Rules of Court.

Notice

The plaintiff shall give notice.