Judge: Stephen I. Goorvitch, Case: 22STCV29630, Date: 2023-03-28 Tentative Ruling

Case Number: 22STCV29630    Hearing Date: March 28, 2023    Dept: 39

Pamela McClendon v. FCA US, LLC, et al.

Case No. 22STCV29630

Motions to Compel Arbitration

            Plaintiff Pamela McClendon (“Plaintiff”) filed this action under the Song-Beverly Consumer Warranty Act and other causes of action against Defendant FCA US, LLC and Los Angeles Chrysler Dodge Jeep Ram (collectively, “Defendants”).  Defendants now move to compel arbitration.  The Court grants the motion, finding that the equitable estoppel doctrine applies, per Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486.  The Court also finds that Defendants are third-party beneficiaries of the arbitration agreement.  (Jenks v. DLA Piper Rudnick Gray Cary US LLP (2015) 243 Cal.App.4th 1, 9-10; see also Civ. Code, § 1559.)  The Court has considered Plaintiff’s remaining arguments and finds that none is persuasive.  Therefore, the Court orders as follows:

            1.         Defendants’ motions to compel arbitration are granted.

            2.         The Court advances and vacates all dates.

            3.         The Court sets an Order to Show Cause why this case should not be dismissed following arbitration.  The OSC hearing shall be held on December 6, 2023, at 8:30 a.m.  The Court provides notice: If Plaintiff’s counsel does not appear, either remotely or in-person, the Court will assume this case has been resolved by way of arbitration or settlement and absent good cause, the Court will dismiss this case with prejudice.

            4.         Defendants’ counsel shall provide notice and file proof of such with the Court.