Judge: Jon R. Takasugi, Case: 23STCV05560, Date: 2024-07-03 Tentative Ruling

Case Number: 23STCV05560    Hearing Date: July 3, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to compel arbitration is GRANTED. 

            On 3/14/2023, Plaintiff Tressia Mitchell (Plaintiff) filed suit against American Honda Motor Co. Inc. (Defendant), alleging: (1) breach of express warranty; and (2) concealment.

            Now, Defendant moves to compel Plaintiff to arbitrate her Complaint and stay the action pending the completion of arbitration proceedings.

            The motion is unopposed.

Legal Standard

Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that…  grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission are fraud, duress, and unconscionability. (Tiri v. Lucky Chances, Inc. (2014) 226 Cal.App.4th 231, 239.) The Court may also decline to compel arbitration wherein there is possibility of conflicting rulings on a common issue of law or fact. (Code Civ. Proc., § 1281.2 (c).)

Discussion

The party moving to compel arbitration “bears the burden of proving [the] existence [of an arbitration agreement] by a preponderance of the evidence.” (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.) The moving party also bears the burden of demonstrating that the claims fall within the scope of the arbitration agreement. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961.)

A.    Existing Agreement

Defendant submitted evidence that on 9/28/2021, Plaintiff entered into a purchase contract (RISC) for a new 2021 Honda CR-V (Subject Vehicle). The Purchase Agreement reads “ARBITRATION PROVISION” and “PLEASE REVIEW – IMPORTANT- AFFECTS YOUR LEGAL RIGHTS”).” (Zandi Decl., Exh. A.) 

The arbitration provision provides:

1.      EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.

(Ibid.)

The arbitration provision also states broadly that any claim arising out of the Sales Contract or any resulting relationship with “third parties who do not sign this contract” could be resolved by binding arbitration:

Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action.

(Ibid, emphasis added.)

            Defendant submitted evidence that Plaintiff’s claim arises out of the purchase and condition and the vehicle and thus falls within the scope of the arbitration agreement.

            Accordingly, the Court concludes that the preponderance of evidence indicates the existence of an arbitration agreement that covers Plaintiff’s claim. Plaintiff did not oppose this motion and thus has not set forth any basis for not enforcing the agreement.

Based on the foregoing, Defendant’s motion to compel arbitration is granted. This matter is ordered stayed pending the completion of arbitration proceedings.

It is so ordered.

Dated:  July    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.