Judge: Lee W. Tsao, Case: 22NWCV00946, Date: 2023-04-26 Tentative Ruling

Case Number: 22NWCV00946    Hearing Date: April 26, 2023    Dept: C

ZAPATERO v. NISSAN NORTH AMERICA, INC.

CASE NO.:  22NWCV00946

HEARING:  04/26/23

#11

TENTATIVE ORDER

Defendant NISSAN NORTH AMERICA, INC.’s motion to compel arbitration is CONTINUED to Thursday, June 8, 2023 at 1:30 p.m. in Dept. SE-C.

Moving Party to give notice.

Defendant Nissan North America, Inc. (“Nissan”) moves to compel arbitration pursuant to CCP §1281.2.

The Court is aware of the recent decision issued in the Ford Motor Warranty Cases decided on April 4, 2023. (Ford Motor Warranty Cases 2023 Cal. App. LEXIS 255.)

There is now a split of authority across the appellate courts. (Cf. Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486.)

The Court invites further briefing regarding whether the court should apply the Ford Motor Warranty Cases or Felisilda to this motion.

Accordingly, the Motion is CONTINUED to June 8, 2023 at 1:30 p.m. in Dept. SE-C.  Supplemental briefs must be filed and served per Code in accordance with the new hearing date.