Judge: Nathan Vu, Case: 30-2023-01304386, Date: 2023-07-24 Tentative Ruling

Motion to Compel Arbitration

Pursuant to the Notice to State Court and Adverse Party of Removal of Action to Federal Court filed July 17, 2023, (ROA #44), the court lacks jurisdiction to rule on Defendant FCA US LLC’s and CJM Automotive Group, Inc., dba Bakersfield Chrysler Jeep’s Motion to Compel Arbitration and Stay Action, (ROA #17, #19, #21). (See Spanair S.A. v. McDonnell Douglas Corp. (2009) 172 Cal.App.4th 348, 356 [“[T]he state court's jurisdiction is suspended when the defendant seeking removal gives notice to the state court clerk, and it is reacquired when the district court clerk gives notice to the state court clerk in the form of a certified copy of the remand order.”].)

The court therefore CONTINUES Defendant FCA US LLC’s and CJM Automotive Group, Inc., dba Bakersfield Chrysler Jeep’s Motion to Compel Arbitration and Stay Action to January 29, 2024, at 8:30 a.m. in Department N15.

The court sets the matter for a Status Conference re: Action in Federal Court and Motion to Compel Arbitration for December 14, 2023, at 8:30 a.m. in Department N15.

Plaintiffs Ketisha Bert and Brian Williams and Defendants FCA US LLC and CJM Automotive Group, Inc., dba Bakersfield Chrysler Jeep shall fall either separate or joint statements regarding the status of the action in federal court and the motion to compel arbitration at least 5 court days prior to the next hearing.

At that time, the court will determine whether the Motion to Compel Arbitration and Stay Action should remain on calendar and be heard, or whether it should be taken off calendar.

The court clerk shall give notice of this ruling.