Judge: Martha K. Gooding, Case: 2022-01250395, Date: 2022-09-26 Tentative Ruling

1) Motion to Compel Arbitration

2) Case Management Conference

Defendant Nissan North America, Inc.’s motion to compel arbitration against plaintiff Brenda Figueroa is GRANTED.

The Court finds that Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (Felisilda) is controlling and that the doctrine of equitable estoppel applies here. The subject arbitration provision in this case is identical to the one in Felisilda. The Court grants Defendant’s request for judicial notice of Exhibit 1, the Complaint in this action (Evid. Code, § 452, subd. (d)), but denies as to Exhibit 2, the request for dismissal in Felisilda. The Court further stays the action pending conclusion of the arbitration proceedings (Code Civ. Proc., § 1281.4).

The Court sets an ADR review hearing for April 17, 2023 at 9:00 a.m.

 Defendant is ordered to give notice.