Judge: Martha K. Gooding, Case: 2022-01250395, Date: 2022-10-31 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 was continued to allow Defendant to provide a declaration establishing the existence of the arbitration agreement. At the October 4, 2022 hearing, Plaintiff objected, for the first time, to defense counsel’s declaration authenticating the retail sales installment contract (RISC) containing the arbitration provision because it was based on “information and belief.” On 10/18/22, Nissan filed a supplemental brief (ROA 57) and supporting declaration (ROA 59). The declaration is by Evelyn Cheng, the office manager at Stadium Nissan in Orange (where the vehicle was purchased) and the custodian of records.   She identifies the RISC attached as Exhibit A to her declaration. (Cheng Decl., ¶ 7.) Plaintiff did not file any opposition or objection to the supplemental brief and Cheng’s declaration.

The Court finds that defendant sufficiently established the existence of an arbitration agreement and GRANTS the motion to compel arbitration.

The Court further 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 stays the action pending conclusion of the arbitration proceedings. (Code Civ. Proc., § 1281.4).

The Court sets an ADR review hearing for May 16, 2023 at 9:00 a.m., at which time the parties or their counsel shall appear and advise the Court of the status of the arbitration proceedings.

Defendant is ordered to give notice.