Judge: Joel L. Lofton, Case: 23GDCV01823, Date: 2024-07-02 Tentative Ruling

Case Number: 23GDCV01823    Hearing Date: July 2, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      July 2, 2024                                        TRIAL DATE: No date set.

CASE:                         Le v. Tesla Motors, Inc.

CASE NO.:                 23GDCV01823

MOTION TO COMPEL ARBITRATION

MOVING PARTY:               Defendant Tesla Motors, Inc.

RESPONDING PARTY:      Unopposed. [Plaintiff Huy Le]

SERVICE:                              Filed March 19, 2024; email service on Plaintiff’s counsel

OPPOSITION:                       N/A (Unopposed)

REPLY:                                   N/A

RELIEF REQUESTED

Defendant moves for an order compelling the dispute to binding arbitration and staying/dismissing litigation.

BACKGROUND

This is a lemon law case. Plaintiff Huy Le filed his initial complaint against Tesla Motors, Inc. d/b/a Tesla, Inc. and Does 1-10 on August 29, 2023, asserting three violations of the Song-Beverly Act.

On March 19, 2024, Defendant moved to compel Plaintiff to arbitrate his claims.

Plaintiff filed no opposition, and Defendant no reply.

TENTATIVE RULING

The motion is GRANTED.

/ / /

REQUEST FOR JUDICIAL NOTICE

Defendant requests judicial notice of Plaintiff’s complaint. The Court grants Defendant’s request, but not as to the truth of the complaint’s contents, so all pertinent information already appears in the Court’s file.

LEGAL STANDARD

“Code of Civil Procedure section 1281.2 requires a trial court to grant a petition to compel arbitration ‘if the court determines that an agreement to arbitrate the controversy exists.’”  (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59 (Avery), quoting Code Civ. Proc. § 1281.2).) The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence.  (Engalla, supra, 15 Cal.4th 951, 972.)  A petition to compel arbitration must allege both a “written agreement to arbitrate” the controversy, and that a party to that agreement “refuses to arbitrate” the controversy. (Code Civ. Proc. § 1281.2.) It then becomes plaintiff’s burden, in opposing the motion, to prove by a preponderance of the evidence any fact necessary to her opposition. (Ibid.)

DISCUSSION

Defendant advances the retail sales agreement between Plaintiff and Defendant, whereby Plaintiff purchased the vehicle subject to this action. (Kim Decl., Exh. 1.) The agreement is signed by both parties. (Id., at p. 1.) At page 7, the agreement contains an “ARBITRATION PROVISION”, which provides that “[a]ny claim or dispute, whether in contract, tort, statute or otherwise, ... between you and us ... which arises out of or relates to your ... purchase or condition of this vehicle, this contract or any resulting transaction or relationship ... shall, at your or our election, be resolved by neutral, binding arbitration ... .” (Id., at p. 7.)

The arbitration provision binds both parties, and its scope covers the instant dispute.

Defendant’s counsel attests that Plaintiff refused Defendant’s request to stipulate to arbitrate their dispute. (Ameripour Decl., ¶ 3.)

Defendant’s burden under Code of Civil Procedure section 1281.2 is satisfied.

Plaintiff filed no opposition, and therefore has not carried his burden to show why the arbitration agreement should not be enforced.

CONCLUSION

The motion is granted. The action is stayed in its entirety pending further order of the Court. The Court sets an OSC Re: Status of Arbitration for March 24, 2025, at 8:30 am.

Moving Party to give notice.

Dated:   July 2 , 2024                                      ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  alhdeptx@lacourt.org