Judge: Robert P. Dahlquist, Case: 37-2023-00024029-CU-CO-NC, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - October 19, 2023

10/20/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Contract - Other Motion Hearing (Civil) 37-2023-00024029-CU-CO-NC CHAPMAN V. TESLA MOTORS, INC. [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 07/21/2023

Defendant Tesla Motors, Inc.'s motion to compel binding arbitration (ROA # 9) is denied.

Defendant's request for judicial notice dated July 21, 2023 (ROA # 11) is granted. The court takes judicial notice of the existence and legal effect of the complaint. But the court does not take judicial notice of the truth of the statements in the complaint.

The court accepts, as credible, the testimony of Edward Chapman concerning the manner in which the order was placed to purchase the subject vehicle. To the extent that there may be inconsistencies between the testimony of Edward Chapman and Raymond Kim, the court finds that the testimony of Edward Chapman is more credible than the testimony of Raymond Kim because Edward Chapman was the person who ordered the vehicle on-line, while there is no indication that Raymond Kim was personally involved in this particular transaction.

After examining the totality of the circumstances surrounding the on-line transaction in this case, the court believes that the facts of this case are analogous to the facts of Sellers v. Just Answer LLC (2021) 73 Cal.App.5th 444 and Long v. Provide Commerce, Inc. (2016) 245 Cal.App.5th 855. Consistent with the outcomes in those two cases, the court concludes that the current motion should be denied.

The court invites the parties to appear (in person or remotely) at the hearing to address whether (1) the court has correctly concluded that the above-cited California appellate cases are analogous; and (2) there are any other California appellate cases that are more closely on point than the above-cited cases.

This is the tentative ruling for an appearance hearing (remote or in person) at 1:30 p.m. on Friday, October 20, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of October 20, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear telephonically, though this notice is not required.

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