Judge: Salvatore Sirna, Case: 24PSCV00143, Date: 2024-08-20 Tentative Ruling

Case Number: 24PSCV00143    Hearing Date: August 20, 2024    Dept: G

Defendant Mercedes-Benz USA, LLC’s Motion to Compel Binding Arbitration

Respondent: Plaintiff Dirk Moore

TENTATIVE RULING

Defendant Mercedes-Benz USA, LLC’s Motion to Compel Binding Arbitration is STRICKEN as Defendant Mercedes-Benz USA, LLC is in default.

BACKGROUND

This is a Song-Beverly action. In November 2021, Plaintiff Dirk Moore allegedly entered into a warranty contract with Defendant Mercedes-Benz USA, LLC (Mercedes-Benz) by leasing a 2021 Mercedes-Benz GLB 250 from Defendant Mercedes-Benz of West Covina (Mercedes-Benz West Covina). Subsequently, Moore alleges the vehicle presented with serious defects including knocking noises that came from the engine bay, transmission issues, leaking oil, check engine light issues, and other nonconformities.

On January 12, 2024, Moore filed a complaint against Mercedes-Benz, Mercedes-Benz West Covina, and Does 1-50, alleging the following causes of action: (1) breach of express warranty, (2) breach of implied warranty, (3) violation of Song-Beverly Act section 1793.2, subdivision (b), and (4) violation of Song-Beverly Act section 1796.5. On January 21, 2024, Moore’s process server served Mercedes-Benz West Covina with substitute service in West Covina. On January 25, 2024, Moore’s process server personally served Mercedes-Benz in Glendale.

On April 2, 2024, the court entered default against Mercedes-Benz after they failed to timely file a responsive pleading.

On April 10, 2024, Mercedes-Benz filed the present motion.

On May 16, 2024, Moore filed an amendment to the Complaint that replaced Doe 1 with Defendant Envision WC MC Auto, LLC (Envision).

A hearing on the present motion is set for August 20, 2024, along with a case management conference and OSC Re: Default as to Envision.

ANALYSIS

Mercedes-Benz moves to compel arbitration of the present action. But as a defaulted defendant, Mercedes-Benz is prohibited from taking “affirmative steps such as filing a pleading or motion” until the entry of default is set aside. (Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1301.) Accordingly, the court STRIKES Mercedes-Benz’s motion.

CONCLUSION

Based on the foregoing, Mercedes-Benz’s motion to compel arbitration is STRICKEN as Mercedes-Benz is in default.