Judge: Martha K. Gooding, Case: 2022-01261498, Date: 2022-08-22 Tentative Ruling

Motion to Compel Arbitration

The unopposed Motion by Defendant Tesla, Inc. (“Defendant”) to Compel Plaintiff Trisha Nguyen (“Plaintiff”) to arbitrate her claims against Defendant is GRANTED.

“A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1281.) “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶](b) Grounds exist for rescission of the agreement. (Id., § 1281.2.)

Defendant provided a copy of the Order Agreement and the Retail Installment Sale Contract with Plaintiff. [Raymond Kim Decl., ROA 14, ¶ 3 and Exhs. 1 and 2].  In connection with Plaintiff’s order of the vehicle, as reflected in the Order Agreement, Plaintiff agreed to the arbitration provision contained therein. [Id., ¶ 4-6] That provision requires arbitration of “any dispute between you and Tesla, Inc.” [Id., ¶ 6 and Exh. 1]  Prior to taking delivery, Plaintiff signed the Sale Contract, which also contained an arbitration provision. [Id., ¶ 8] That provision also requires arbitration of any claims between the parties. [Id., ¶ 12] On June 27, 2022, Defendant asked Plaintiff to stipulate to arbitration, but Plaintiff refused. [Soheyl Tashildoost decl., ROA 12, ¶ 3]

Defendant has demonstrated that it has an agreement with Plaintiff to arbitrate any dispute between them and that she has refused to arbitrate. Plaintiff did not file an opposition to the motion, and therefore has not disputed the existence of the arbitration agreement or her refusal to arbitrate; nor has she argued (or shown) that Defendant waived its right to arbitrate or that there is any other ground on which the arbitration agreement should not be enforced.

Accordingly, Defendant’s Motion to Compel Arbitration is GRANTED.

Defendant is ordered to give notice.