Judge: Olivia Rosales, Case: 21NWCV00718, Date: 2022-09-21 Tentative Ruling

Case Number: 21NWCV00718    Hearing Date: September 21, 2022    Dept: SEC

ALVAREZ v. NISSAN NORTH AMERICA, INC., et al.

CASE NO.:  21NWCV00718

HEARING:  9/21/22 @ 1:30 PM

#10

TENTATIVE RULING

Defendant Nissan North America, Inc.’s unopposed motion to compel arbitration is GRANTED.  The action is STAYED pending arbitration.

Moving party to give NOTICE.

Defendant Nissan North America, Inc. moves to compel arbitration pursuant to CCP § 1281.2.

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.  (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues.  (CCP § 1281.2.)

The petition to compel arbitration, consequently, functions as a motion and is to be heard in the manner of a motion, i.e., the facts are to be proven by affidavit or declaration and documentary evidence with oral testimony taken only in the court’s discretion.  (CCP § 1290.2; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413-414.)  CCP § 1281.4 provides, “if a court of competent jurisdiction… has ordered arbitration of a controversy… the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had.”

The court finds that a valid arbitration provision exists. 

Plaintiff does not dispute the arbitration agreement.

Accordingly, the motion is GRANTED.  The action is STAYED pending arbitration.