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SPENCER P. HUGRET (SBN: 240424)
shugretfa) g rsm .com
HAILEY ROGERSON (SBN: 31 191 8)
SUPERIORfingg-TEFRUFORMA
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ersonffa rsm-Com COUNTY 0F SAN BERNARDINO
GURPREET SANDHU (SBN: 335906) SAN BERNARDINO DISTR'CT
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GORDON REES SCULLY MANSUKHANI, LLP JUL 1.4, 2021
275 Battery Street, Suite 2000
San Francisco, CA 941 1
Telephone: (41 5) 875-3 93
Facsimile: (415) 986-8054
Attorneys for Defendant
1
1
9y Em“ M
DMEM- MLDN. DEPUTY
FCA US LLC
SUPERIOR COURT OF CALIFORNIA
a v
10 ‘
COUNTY OF SAN BERNARDINO v
..
11
LLP
12
ANTONIO DIAZ. ) Case No. CIV SB 2105157
2000
ll Plaintiff, )
Mansukhani, 941
)
DEFENDANT FCA US LLC’S NOTICE
Suite
vs.
)
OF MOTION TO COMPEL TO
CA
14 )
COMPEL ARBITRATION AND STAY
Street,
FCA CHRYSLER DODGE
US, LLC; JEEP ACTION
Scully Francisco,
15
RAM FIAT OF ONTARIO; and DOES l
)
)
through 10, inclusive, Date: September 8, 2021
Battery
)
Rees Time: 9:00 a.m.
16
San Defendants. Dept: S30
275 g
Gordon
17
)
) Complaint Filed; February 26, 2021
18
) Trial Date:
19
20
21
22
23
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25
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28
-1-
DEFENDANT FCA US LLC'S NOTICE OF MOTION TO COMPEL TO COMPEL
ARBITRATION AND STAY ACTION
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORDS:
PLEASE TAKE NOTICE that 0n September 8, 2021 at 9:00 a.m., in Department S30
of the above entitled court, which is located at 247 West Third Street, San Bernardino, CA
92415-0210, Defendant FCA US LLC (“FCA”) will and hereby does move this Court for an
order compelling arbitration and staying this action.
This Motion will be based upon this Notice. the Memorandum 0f Points and Authorities,
the Declaration 0f Gurpreet Sandhu in support hereof, the pleadings and records on file herein,
and such further argument and evidence as may be received by the Court at the hearing on this
matter.
10 This Motion is also based on the Arbitration Provision included in the Sales Agreement
11 agreed t0 and signed by Plaintiff Antonio Diaz, referenced and quoted in the moving papers
LLP
2000
12 herein, specifically agreeing to arbitrate "[a]ny claim or dispute, whether in contract, tort, statute
11
941
or otherwise. .between you and us or our employees, agents, successors or assigns, which arises
Mansukhani,
Suite 13 .
CA
Street,
14 out 0f or relates t0 your credit application, purchase or condition of this vehicle, this contract or
Scully Francisco,
15 any resulting transaction 0r relationship (including any such relationship with third parties who
Battery
Rees
16 d0 not sign this contract) shall. at your or our election. be resolved by neutral, binding arbitration
San
275
Gordon
17 and not by a court action.”
18 Moreover, pursuant to the holding in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th
19 486, the Court may compel all parties to arbitration.
20 On these grounds. FCA seeks to compel the binding Arbitration Provision between all
21 parties and stay of entire action until (1) hearing on this Motion and (2) pending completion 0f
22 Arbitration.
23 Pursuant Cal. Code Civ. Proc. §1281.4, this case is under a mandatory stav lflltil this
24 Motion is heard. (“Ifan application has been made t0 a court Ofcompetentjurisdiction, whether
25 in this State or not, for an order t0 arbitrate a controversy which is an issue involved in an action
26 or procaeding pending before a court 0f this State and such application is undetermined, the
27 court in which such action or proceeding is pending shall, upon motion ofa party to such action
28 0r proceeding, stay the action or proceeding until the application for an order t0 arbitrate is
-2-
DEFENDANT FCA US LLC‘S NOTICE OF MOTION TO COMPEL TO COMPEL
ARBITRATION AND STAY ACTION
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SPENCER P. HUGRET (SBN: 240424) shugretfa) g rsm .com HAILEY ROGERSON (SBN: 31 191 8) SUPERIORfingg-TEFRUFORMA .___g_,.g_.___hr0 ersonffa rsm-Com COUNTY 0F SAN BERNARDINO GURPREET SANDHU (SBN: 335906) SAN BERNARDINO DISTR'CT gsandhugcqgrsmxom GORDON REES SCULLY MANSUKHANI, LLP JUL 1.4, 2021 275 Battery Street, Suite 2000 San Francisco, CA 941 1 Telephone: (41 5) 875-3 93 Facsimile: (415) 986-8054 Attorneys for Defendant 1 1 9y Em“ M DMEM- MLDN. DEPUTY FCA US LLC SUPERIOR COURT OF CALIFORNIA a v 10 ‘ COUNTY OF SAN BERNARDINO v .. 11 LLP 12 ANTONIO DIAZ. ) Case No. CIV SB 2105157 2000 ll Plaintiff, ) Mansukhani, 941 ) DEFENDANT FCA US LLC’S NOTICE Suite vs. ) OF MOTION TO COMPEL TO CA 14 ) COMPEL ARBITRATION AND STAY Street, FCA CHRYSLER DODGE US, LLC; JEEP ACTION Scully Francisco, 15 RAM FIAT OF ONTARIO; and DOES l ) ) through 10, inclusive, Date: September 8, 2021 Battery ) Rees Time: 9:00 a.m. 16 San Defendants. Dept: S30 275 g Gordon 17 ) ) Complaint Filed; February 26, 2021 18 ) Trial Date: 19 20 21 22 23 24 25 26 27 28 -1- DEFENDANT FCA US LLC'S NOTICE OF MOTION TO COMPEL TO COMPEL ARBITRATION AND STAY ACTION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORDS: PLEASE TAKE NOTICE that 0n September 8, 2021 at 9:00 a.m., in Department S30 of the above entitled court, which is located at 247 West Third Street, San Bernardino, CA 92415-0210, Defendant FCA US LLC (“FCA”) will and hereby does move this Court for an order compelling arbitration and staying this action. This Motion will be based upon this Notice. the Memorandum 0f Points and Authorities, the Declaration 0f Gurpreet Sandhu in support hereof, the pleadings and records on file herein, and such further argument and evidence as may be received by the Court at the hearing on this matter. 10 This Motion is also based on the Arbitration Provision included in the Sales Agreement 11 agreed t0 and signed by Plaintiff Antonio Diaz, referenced and quoted in the moving papers LLP 2000 12 herein, specifically agreeing to arbitrate "[a]ny claim or dispute, whether in contract, tort, statute 11 941 or otherwise. .between you and us or our employees, agents, successors or assigns, which arises Mansukhani, Suite 13 . CA Street, 14 out 0f or relates t0 your credit application, purchase or condition of this vehicle, this contract or Scully Francisco, 15 any resulting transaction 0r relationship (including any such relationship with third parties who Battery Rees 16 d0 not sign this contract) shall. at your or our election. be resolved by neutral, binding arbitration San 275 Gordon 17 and not by a court action.” 18 Moreover, pursuant to the holding in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 19 486, the Court may compel all parties to arbitration. 20 On these grounds. FCA seeks to compel the binding Arbitration Provision between all 21 parties and stay of entire action until (1) hearing on this Motion and (2) pending completion 0f 22 Arbitration. 23 Pursuant Cal. Code Civ. Proc. §1281.4, this case is under a mandatory stav lflltil this 24 Motion is heard. (“Ifan application has been made t0 a court Ofcompetentjurisdiction, whether 25 in this State or not, for an order t0 arbitrate a controversy which is an issue involved in an action 26 or procaeding pending before a court 0f this State and such application is undetermined, the 27 court in which such action or proceeding is pending shall, upon motion ofa party to such action 28 0r proceeding, stay the action or proceeding until the application for an order t0 arbitrate is -2- DEFENDANT FCA US LLC‘S NOTICE OF MOTION TO COMPEL TO COMPEL ARBITRATION AND STAY ACTION