Judge: Melissa R. Mccormick, Case: "Sloan v. FCA US, LLC", Date: 2022-08-25 Tentative Ruling

Defendant FCA USA LLC’s Motion to Compel Arbitration

Defendant FCA USA LLC moves for the second time to compel plaintiff Cynthia Sloan to arbitrate her claims against it.  The court denied FCA’s first motion because FCA did not carry its burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence.  See 4/7/22 Order.  For the following reasons, FCA’s renewed motion to compel arbitration is denied.

When an application for an order has been denied in whole or in part, the moving party may apply again for the same relief at a later time, but only if the subsequent application is based on “new or different facts, circumstances or law.”  Civ. Proc. Code § 1008(b).  On a renewed motion, the moving party must show new facts, not merely different facts.  Evan Zohar Constr. & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 836 n.3; California Correctional Peace Officers Ass’n v. Virga (2010) 181 Cal.App.4th 30, 44-48 (moving party bears the “responsibility to advance all correct legal theories . . . in their original motion, so as not to burden the court with repeated motions for the same relief”).  A renewed motion must be supported by a declaration showing the previous order, by which judge it was made, and the new or different facts, circumstances, or law that the moving party claims exist.  Civ. Proc. Code § 1008(b); see also Graham v. Hansen (1982) 128 Cal.App.3d 965, 969, 970.

FCA’s renewed motion does not satisfy the above standards.  FCA does not contend any new facts exist, nor does counsel’s declaration identify the court’s previous order or any new or different facts, circumstances, or law FCA claims exist to justify FCA’s renewed motion.  FCA also has not demonstrated that it could not with reasonable diligence have presented the evidence and arguments on which its renewed motion relies in support of its first motion.

Plaintiff to give notice.