Judge: Martha K. Gooding, Case: 2022-01253918, Date: 2022-09-26 Tentative Ruling

1) Motion to Compel Arbitration

2) Case Management Conference

The Motion by Defendant Nissan North America, Inc. to compel arbitration of the claims asserted in this action by Plaintiff Arturo Nava is DENIED.

As an initial matter, Plaintiff objects to the Declaration of Defendant’s counsel, Nicholas S. Maugeri II (“Maugeri Declaration”), page 2 lines 10-16 (paragraphs 4-6 and Exhibit 3) on the grounds of hearsay, lack of foundation, and lack of authenticity.  The purported sales contract is attached as Exhibit 3 to the Maugeri Declaration.

The Court sustains Plaintiff’s objections.  Mr. Maugeri is Defendant’s counsel.  He states only that he is “informed and believe[s]” that Exhibit 3 is the Retail Installment Contract relating to Plaintiff’s purchase of the purchase of the vehicle, and that he is “informed and believe[s]” that it was executed and maintained in the regular course of business.  Maugeri Decl. ¶¶ 4, 5.  This is insufficient to make the document admissible.  See Evid. Code §§ 702, 1400, 1401. 

Accordingly, Defendant has not established the existence of a valid arbitration agreement. (See Lane v. Francis Capital Management LLC (2014) 224 Cal.App.4th 676, 683 [the moving party “bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence”].)

Defendant’s request for judicial notice is denied.

Plaintiff is ordered to give notice of this order.