Judge: Stephen I. Goorvitch, Case: 22STCV26056, Date: 2023-09-20 Tentative Ruling

Case Number: 22STCV26056    Hearing Date: September 20, 2023    Dept: 39

Marbely Villalobos v. Nissan North America, Inc.

Case No. 22STCV26056

Motion for Reconsideration

            Plaintiff Marbely Villalobos (“Plaintiff”) filed this case under the Song-Beverly Consumer Warranty Act against Defendant Nissan North America, Inc. (“Defendant”).  Defendant filed a motion to compel arbitration, which the Court granted on February 2, 2023, per Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486.  At the time, Felisilda was controlling authority, and this Court was required to follow its holding.  Then, on April 4, 2023, the Second District decided In re Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324, which contradicts Felisilda.  Plaintiff’s counsel filed a motion for reconsideration on May 25, 2023.   

            Contrary to Defendant’s argument, the Court has jurisdiction to reconsider an order compelling arbitration.  (See Malek v. Blue Cross of California (2004) 121 Cal.App.4th 44, 59-60.)  Nevertheless, the Court denies the motion as untimely.  Per Code of Civil Procedure section 1008, the motion for reconsideration must be filed ten (10) days after entry of the Court’s order compelling arbitration.  Plaintiff’s counsel did not even file this motion ten (10) days after the Second District’s decision in Ochoa v. Ford Motor Company.

            Based upon the foregoing, Plaintiff’s motion for reconsideration is denied.  Plaintiff’s counsel shall provide notice and file proof of such with the Court.