Judge: Melvin D. Sandvig, Case: 24CHCV01339, Date: 2024-10-29 Tentative Ruling

Case Number: 24CHCV01339    Hearing Date: October 29, 2024    Dept: F47

Dept. F47

Date: 10/29/24

Case #24CHCV01339

MOTION TO COMPEL ARBITRATION

Motion filed on 8/26/24.

MOVING PARTY: Defendant Hyundai Motor America

RESPONDING PARTY: Plaintiffs Sayra Ramirez Munoz and Martha Guzman

NOTICE: ok

RELIEF REQUESTED: An order compelling Plaintiffs to arbitrate all of their claims pursuant to the arbitration agreements and staying this action pending the outcome of the arbitration. 

RULING: The hearing will be continued.    

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of Plaintiffs Sayra Ramirez Munoz and Martha Guzman’s (Plaintiffs) purchase of a 2022 Hyundai Tucson (the Vehicle) on 2/12/22.  The Vehicle came with an express written warranty provided by Defendant Hyundai Motor America (Defendant) which is located in Plaintiffs’ Owner’s Handbook & Warranty Information (Warranty).  (Ameripour Decl., Ex.3 – NOT ATTACHED).  The Warranty included a binding arbitration provision.  Id.  Additionally, on 2/12/22, Plaintiffs enrolled the Vehicle in Defendant’s Bluelink services.  (Rao Decl. ¶5).  To enroll in Defendant’s  Bluelink services, customers must agree to the then-effective Bluelink Connected Services Agreement (CSA), the terms and conditions of which also include a binding arbitration provision.  (Rao Decl. ¶4, Ex.2). 

Plaintiffs contend that the Vehicle suffers from defects and nonconformities to warranty which substantially impaired its use, value and/or safety; that Plaintiffs delivered the Vehicle to Defendant’s authorized repair facility for repair and Defendant was unable to conform the Vehicle to the applicable express warranty after a reasonable number of repair attempts.  (See Complaint ¶¶17-19).  Further, Plaintiffs allege that despite the foregoing, Defendant has failed to replace the Vehicle and/or provide Plaintiffs with restitution as required under the Song-Beverly Act.  (Complaint ¶20).  Therefore, on 4/15/24, Plaintiffs filed this action against Defendant for Violation of Song-Beverly Act  - Breach of Express Warranty.  On 5/28/24, Defendant answered the complaint. 

On 8/26/24, Defendant requested that Plaintiffs stipulate to arbitration; however, Plaintiffs have not agreed to do so.  Therefore, on 8/26/24, Defendant filed and served the instant motion seeking an order compelling Plaintiffs to arbitrate all of their claims pursuant to the arbitration agreement and staying this action pending the outcome of the arbitration.  Plaintiffs have opposed the motion and Defendant has filed a reply to the opposition.    

ANALYSIS

Defendant has failed to include evidence relied on in the motion.  Specifically, none of the exhibits referenced as being attached to the declaration of Ali Ameripour are attached thereto.  Nor, is the exhibit referenced in the Request for Judicial Notice attached thereto. 

To allow the Court to review all of the evidence relied on by the parties, the hearing will be continued to allow Defendant to file complete copies of the Ameripour declaration and Request for Judicial Notice, including exhibits. 

CONCLUSION

The hearing will be continued.  Defendant is ordered to file and serve an amended declaration of Ali Ameripour and an amended Request for Judicial Notice, which include all exhibits referenced in the declaration and request.  The amended documents are due to be filed and served at least 16 court days before the continued hearing date.

Plaintiff may file a supplemental opposition which addresses only the evidence submitted in the amended papers.  The supplemental opposition is limited to 5 pages and must be filed and served at least 5 court days before the continued hearing date.