Judge: Lee W. Tsao, Case: 22NWCV00629, Date: 2023-04-11 Tentative Ruling

Case Number: 22NWCV00629    Hearing Date: April 11, 2023    Dept: C

RAMIREZ DE DELGADO v. H GREG AUTO BUENA PARK LLC, et al.

CASE NO.:  22NWCV00629

HEARING:  4/11/23 @ 9:30 AM

#2

TENTATIVE RULING

Defendant Nissan North America, Inc.’s motion to compel arbitration and stay action is CONTINUED to June 6, 2023, at 1:30 pm in Dept. C.

Moving Party to give NOTICE.

Defendant Nissan North America, Inc. (“Nissan”) moves to compel arbitration pursuant to CCP § 1281.2.

The court is aware of the recent decision in the Ford Motor Warranty Cases decided on April 4, 2023.  (Ford Motor Warranty Cases 2023 Cal. App. LEXIS 255.) 

There is now a split of authority across the appellate courts.  (Cf. Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486.)  

This court invites further briefing regarding whether the court should apply the Ford Motor Warranty Cases or Felisilda to this motion.

Accordingly, the motion is CONTINUED to June 6, 2023, at 1:30 pm in Dept. C.