Judge: Robert B. Broadbelt, Case: 22STCV02251, Date: 2023-06-20 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.


Case Number: 22STCV02251    Hearing Date: June 20, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

malak fouda ;

 

Plaintiff,

 

 

vs.

 

 

nissan north america, inc. , et al.;

 

Defendants.

Case No.:

22STCV02251

 

 

Hearing Date:

June 20, 2023

 

 

Time:

10:00 a.m.

 

 

 

[Tentative] Order RE:

 

defendant’s motion to compel arbitration and stay proceedings

 

 

MOVING PARTY:                 Defendant Nissan North America, Inc.         

 

RESPONDING PARTY:       Plaintiff Malak Fouda

Motion to Compel Arbitration and Stay Proceedings

Defendant Nissan North America, Inc. (“Defendant”) filed the pending motion to compel arbitration and stay proceedings on September 7, 2022. 

Plaintiff Malak Fouda (“Plaintiff”) filed opposition papers on June 7, 2023.  The proofs of service attached to Plaintiff’s opposition, supporting declaration, and request for judicial notice state that Plaintiff served Robert A. Shields and Alexi R. Silverman, of Wilson Turner Kosmo LLP, with the opposition papers by electronic service.  However, Defendant filed a Substitution of Attorney on October 13, 2022, informing the court that Defendant was substituting as counsel Alexi R. Silverman for Amir Nassihi of Shook, Hardy & Bacon LLP.  Thus, the proof of service does not show that Plaintiff served Defendant’s current counsel with the opposition papers.  However, the court notes that Defendant filed, on June 15, 2023, untimely reply papers in support of its motion.

The court exercises its discretion to continue the hearing on Defendant’s motion in order to give the court time to consider the reply papers filed by Defendant on June 15, 2023.  

The court orders that the hearing on defendant Nissan North America, Inc.’s motion to compel arbitration and stay proceedings is continued from June 20, 2023 to June 23, 2023, at 10:00 a.m., in Department 53.  

The court orders defendant Nissan North America, Inc. to give notice of this ruling.

IT IS SO ORDERED.

 

DATED:  June 20, 2023

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court