Judge: Monica Bachner, Case: 22STCV20652, Date: 2023-01-05 Tentative Ruling

Case Number: 22STCV20652    Hearing Date: January 5, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendants’ motion to compel arbitration of Plaintiff’s claims in this action is continued to February 8, 2023.  Plaintiffs are directed to file a supplemental brief  in opposition, and Defendant may file a supplemental reply, both per code.

Defendant Nissan North America, Inc. (“NNA”) (“Defendant”) moves for an order compelling arbitration of all claims asserted by Plaintiffs Maritza Parra (“Maritza”) and Samuel Parra (“Samuel”) (collectively, “Plaintiffs”) and staying the action pending completion of arbitration.  (Notice of Motion, pgs. 1-2; 9 U.S.C. §2; C.C.P. §1281 et seq.) 

Background

On June 24, 2022, Plaintiffs filed the instant action for breach of express warranty under the Song Beverly Consumer Warranty Act (“Song-Beverly”), fraudulent inducement, and negligent repair against Defendants NNA and Downey Import Cars, Inc. dba Downey Nissan (“Downey Nissan”) (collectively, “Defendants”) in connection with their November 11, 2019, purchase of a 2019 Nissan Altima (“Subject Vehicle”). (Complaint ¶¶8.)  NNA filed the instant motion on October 28, 2022.  On December 21, 2022, Plaintiffs filed their opposition.  On December 27, 2022, NNA filed its reply.

Plaintiffs oppose the motion to compel arbitration on the grounds that NNA failed to meet its burden to establish that an arbitration provision covering the dispute exists because NNA attached a sales contract bearing the name “Marcina Parra” as the buyer of a 2020 Nissan Murano, which is not the vehicle that is the subject of this action.

NNA argues in reply that Plaintiffs do not dispute they agreed to arbitrate “any claim or dispute which arises out of or relates to the purchase or condition of [the vehicle] [,]” including claims against third parties.  (Reply, pg. 1.)  While Plaintiffs included a proper inclusion of Plaintiffs’ RISC in its notice of errata, Plaintiffs are to be given additional opportunity to submit a supplemental brief in light of NNA’s clerical error. Defendants’ motion to compel arbitration of Plaintiff’s claims in this action is continued to February 8, 2023.  Plaintiffs are directed to file a supplemental brief  in opposition, and Defendant may file a supplemental reply, both per code.

Dated:  January _____, 2022

Hon. Monica Bachner

Judge of the Superior Court