Judge: Stephen I. Goorvitch, Case: 20STCV20878, Date: 2024-01-29 Tentative Ruling

Case Number: 20STCV20878    Hearing Date: January 29, 2024    Dept: 39

Ronald S. Carvel v. Ford Motor Company, et al.

Case No. 20STCV20878

Motion for Reconsideration

            Plaintiff Ronald S. Carvel (“Plaintiff”) filed this case under the Song-Beverly Consumer Warranty Act against Ford Motor Company (“Defendant”).  The Court granted a motion to compel arbitration on July 21, 2021, based upon Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486.  At the time, the Court was required to follow that precedent.  Then, on April 4, 2023, the Second District decided Ocha v. Ford Motor Company (2023) 89 Cal.App.5th 1324, which rejected the holding in Felisilda.  Now, Plaintiff seeks reconsideration of the Court’s decision to grant the motion for reconsideration.

            The Court denies the motion for two reasons.  First, the motion was served on Defendant’s former counsel, so service was not effective.  Second, Plaintiff waited over ten months after the Second District’s decision in Ochoa to seek reconsideration.  As such, the motion is untimely. 

            Based upon the foregoing, the Court orders as follows:

            1.         Plaintiff’s motion for reconsideration is denied.

            2.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.