Judge: Shirley K. Watkins, Case: 22VECV00992, Date: 2022-12-28 Tentative Ruling

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Case Number: 22VECV00992    Hearing Date: December 28, 2022    Dept: T

            [TENTATIVE] ORDER:  Defendant Nissan North America, Inc.’s Motion to Compel Arbitration and Stay Proceedings is DENIED WITHOUT PREJUDICE. All Objections to Declaration of Ryan Marden are sustained.

Introduction

            Defendant Nissan North America Inc.’s (Defendant) moved to compel arbitration with Plaintiffs Roberto Nunez Medina and Belmontes Echeverria (collectively, Plaintiffs) and moved to stay the action.         

Discussion 

            In deciding a motion to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement.  (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961.)  “A party seeking to compel arbitration has the burden under the FAA to show (1) the existence of a valid, written agreement to arbitrate; and, if it exists, (2) that the agreement to arbitrate encompasses the dispute at issue.”  (Ashbey v. Archstone Prop. Mgmt., Inc. (9th Cir. 2015) 785 F.3d 1320, 1323, citing Cox v. Ocean View Hotel Corp. (9th Cir. 2008) 533 F.3d 1114, 1119. 

The Court sustained Plaintiffs’ evidentiary objections to Defendant Counsel’s declaration submitting the purported Retail Installment Sale Contract (Marden Decl. par. 3, Exh. B.)  Because Defendant did not submit admissible evidence to show the existence of an arbitration agreement, Defendant has not proven up the first gateway issue on a motion to compel arbitration. 

            The motion to compel arbitration and to stay the action is DENIED.

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.