Preview
SPENCER P. HUGRET (SBN 240424)
com
JEANETTE SUAREZ (SBN: 255141)
|SUATEZ(
RESHMA A. BAA] (SBN: 227106)
com
COl ho! com
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 986-5900
Facsimile: (415) 986-8054.
Attomeys for Defendant
AMERICAN HONDA MOTOR CO., INC.
10
SUPERIOR COURT OF CALIFORNIA
11
COUNTY OF SANTA CRUZ
12
SHANNON CARABEITA AND NATHAN) Case No. 23CV01110
13 ARRISON,
DEFENDANT AMERICAN HONDA.
14 Plaintiffs, MOTOR CO,, INC.’S NOTICE OF
MOTION AND MOTION TO COMPEL
15 VS. ARBITRATIONAND STAY ACTION
16 AMERICAN HONDA MOTOR CO., INC.; Date: March 1, 2024
#8 17
and DOES 1 through 10, inclusive, Tine: 8:30am.
Dept: 10
Defendants. Judge: Hon. Timothy Schmal
18
19 Complaint Filed: May 12, 2023
Trial Date: October 24, 2024.
20
21
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
24 PLEASE TAKE NOTICE THAT on March 1, 2024, at 8:30 am, or as soon as the
25 matter can be heard thereafter, in Department 10 of the above-captioned Court, locatedat 701
26 Ocean Street, Santa Cruz, CA 95060, Defendant AMERICAN HONDA MOTOR CO., INC.
27 (“Honda”) will and hereby does move the Court for an order compelling arbitration and to stay
this action pending the outcome of this Motion and completion of arbitration.
“1
DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S NOTICE OF MOTION AND MOTION TO
COMPEL ARBITRATION AND STAY ACTION
Defendant brings this Motion under the Federal Arbitration
Act (9 U.S.C. § 1, et seq.) and
the Califomia Arbitration Act (Code Civ. Proc., § 1280, et seq.) because Plaintiffs SHANNON
CARABETTA AND NATHAN ARRISON's (“Plaintiffs”) claims—conceming a 2020 Honda
Pilot vehicle identification number SFNYF5H62LB006797—fall within the Arbitration
Provision in the Closed-End Motor Vehicle Lease Agreement, under which Plaintiffs leased the
Subject Vehicle. As anonsignatory, Honda invokes its right
to arbitration under the terms of the
Arbitration Provision, as a third-party beneficiary and as the provision expressly includes Honda
as a party to the arbitration provision.
If the Court grants this Motion, it should stay the entire action pending completion of
10 arbitration. (9 U.S.C. § 3; Code Civ. Proc., § 1281.4.)
11 In addition, Pursuant Cal. Code Civ. Proc. §1281.4, this case is under a mandatory
stay
12 until this Motion is heard. (“If an application has been made to a court of competent
13 jutisdiction, whether
in this State or not, for an order to arbitrate a controversy which is an issue
14 involved in an action or proceeding pending before a court of this State and such application is
15 undetermined, the court in which such action or proceeding is pending shall, upon motion of a
16 party to such action or proceeding, stay the action or proceeding until the application for an
#8 17 order to arbitrate is determined and, if arbitration
of such controversy is ordered, until an
18 arbitration
is had in accordance
with the order to arbitrate
or until such earlier time as the court
19 specifies.” CCP §1281.4) (Ross v. Blanchard (1967) 251 Cal.App.2d 739, 741 “legal
20 proceedings are not automatically stayed or dismissed but must be stayed on motio: to compel
21 arbitration; Marcus v. Superior Court (1977) 75 Cal.App.3d 204 Section 1281.4 “seems broad
enough to vest the court with authority to stay ‘the action or proceeding’ as to all issues, as to
all causes of action, and as to all parties, until the arbitration
is concluded.”)
24 Defendant Honda bases this Motion on this Notice, the Memorandum of Points and
25 Authorities, the Declaration of Reshma Bajaj and the attached exhibits, all of which are served.
26 concurrently
with this Motion, as well as the pleadings
and records in this case, and such other
27 evidence and arguments that may be presented in support of the Motion.
Notice re Tentative Rulings: Tentative rulings and further instructions are available on
-2
DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S NOTICE OF MOTION AND MOTION TO
COMPEL ARBITRATION AND STAY ACTION
Civil Tentative Rulings | Superior Court of Califomia | County of Santa Cruz. If you do not
have access to the Intemet during the time period when the nulings are posted, you may call
(831) 420-2300 (Chambers) for assistance in obtaining your tentative ruling. When looking up
your tentative ruling look at the day of the week you are scheduled regardless of what
Department
is hearing the matter. Tentative rulings will be accessible after 3:00 pm on the court
day preceding
the scheduled hearing. Contesting
a Tentative Ruling - To arrange
to appear and
contest a tentative nuling: 1) You must notify the Court at (831) 420-2483 before 4:00 p.m. on
the court day before the hearing; 2) You must also notify opposing counsel by telephone or in
person. Parties who do not call to contest the ruling before 4:00 pm on the court day before the
10 hearing, or who appear without notice to both the Court and opposing counsel, will not
be heard.
11 If no party has requested oral argument, appearances are not required and the tentative ruling
12 will be adopted as the ruling of the Court.
13
14 Dated: January 8, 2024 GORDON REES SCULLY MANSUKHANI, LLP
15
16
By: Ke thu 4 |<
Spencer P. Hugret ||
#8 17 Jeanette Suarez
J
Reshma A. Bajaj
18 Attomeys for Defendant
AMERICAN HONDA MOTOR CO., INC.
19
20
21
24
25
26
27
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DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S NOTICE OF MOTION AND MOTION TO
COMPEL ARBITRATION AND STAY ACTION
PROOF OF SERVICE
Shannon Carabetta, et al. v. American
Honda Motor Co., Inc., et al.
Santa Cruz County Superior Court Case No. 23CV01110
Tamaresident of the State of Califomia, over
the age of eighteen years, and not a
to the within action. business address is: Gordon Rees Scully Mansukhani, LLP, 275
Battery Street, Suite 2000, San Francisco, CA 94111. On the date below, I served
the within
DEFENDANT AMERICAN HONDA MOTOR CO,, INC.’S NOTICE OF MOTION AND
MOTION TO COMPEL ARBITRATION AND STAY ACTION
O transmit via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
transmitting VIA ELECTRONIC MAIL (from jpotter com) the document(s)
listed above to the email address(es) set forth below on this date before 5:00 p.m. (Per
agreement
of the parties.)
Nationwide PERSONALLY DELIVER the document(s) listed above to the
person(s) at the address(es) set forth below.
10
by placing the document(s) listed above in a sealed envelope with postage thereon
11 fully prepaid, in United States mail in the State of Califomia at San Francisco,
ae 12
addressed as set forth below.
Tionna Carvalho
13 STRATEGIC LEGAL PRACTICES, APC
1888 Century
Park East, 19th Floor
14 Los Angeles, CA 90067
Tel.: 310-929-4900
15
Fax: 310-943-3838
16 Email: tcarv: sl com.
Email: mrajpal@slpattomey.com
17 Email: emailservices@slpattomey.com
Attomeys for Plaintiffs
18
J amreadily familiar with the finm 's practice of collection and correspondence
19 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
with thereon fully prepaid in the ordinary course of business. I am aware that on
20 motion of the party served, serviceis invalidif cancellation date or postage meter|
date is more than one day after the date of deposit for mailing in affidavit.
21
I declare under penalty of perjury
under the laws of the State of Califomia
that the above
is true and correct.
Executed on January 8, 2024 at San Francisco, Califomia.
24
Jessica Potter
25
26
27
1301304751961201.12Q,
“1
PROOF OF SERVICE
Preview
SPENCER P. HUGRET (SBN 240424) com JEANETTE SUAREZ (SBN: 255141) |SUATEZ( RESHMA A. BAA] (SBN: 227106) com COl ho! com GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054. Attomeys for Defendant AMERICAN HONDA MOTOR CO., INC. 10 SUPERIOR COURT OF CALIFORNIA 11 COUNTY OF SANTA CRUZ 12 SHANNON CARABEITA AND NATHAN) Case No. 23CV01110 13 ARRISON, DEFENDANT AMERICAN HONDA. 14 Plaintiffs, MOTOR CO,, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL 15 VS. ARBITRATIONAND STAY ACTION 16 AMERICAN HONDA MOTOR CO., INC.; Date: March 1, 2024 #8 17 and DOES 1 through 10, inclusive, Tine: 8:30am. Dept: 10 Defendants. Judge: Hon. Timothy Schmal 18 19 Complaint Filed: May 12, 2023 Trial Date: October 24, 2024. 20 21 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 24 PLEASE TAKE NOTICE THAT on March 1, 2024, at 8:30 am, or as soon as the 25 matter can be heard thereafter, in Department 10 of the above-captioned Court, locatedat 701 26 Ocean Street, Santa Cruz, CA 95060, Defendant AMERICAN HONDA MOTOR CO., INC. 27 (“Honda”) will and hereby does move the Court for an order compelling arbitration and to stay this action pending the outcome of this Motion and completion of arbitration. “1 DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION Defendant brings this Motion under the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and the Califomia Arbitration Act (Code Civ. Proc., § 1280, et seq.) because Plaintiffs SHANNON CARABETTA AND NATHAN ARRISON's (“Plaintiffs”) claims—conceming a 2020 Honda Pilot vehicle identification number SFNYF5H62LB006797—fall within the Arbitration Provision in the Closed-End Motor Vehicle Lease Agreement, under which Plaintiffs leased the Subject Vehicle. As anonsignatory, Honda invokes its right to arbitration under the terms of the Arbitration Provision, as a third-party beneficiary and as the provision expressly includes Honda as a party to the arbitration provision. If the Court grants this Motion, it should stay the entire action pending completion of 10 arbitration. (9 U.S.C. § 3; Code Civ. Proc., § 1281.4.) 11 In addition, Pursuant Cal. Code Civ. Proc. §1281.4, this case is under a mandatory stay 12 until this Motion is heard. (“If an application has been made to a court of competent 13 jutisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue 14 involved in an action or proceeding pending before a court of this State and such application is 15 undetermined, the court in which such action or proceeding is pending shall, upon motion of a 16 party to such action or proceeding, stay the action or proceeding until the application for an #8 17 order to arbitrate is determined and, if arbitration of such controversy is ordered, until an 18 arbitration is had in accordance with the order to arbitrate or until such earlier time as the court 19 specifies.” CCP §1281.4) (Ross v. Blanchard (1967) 251 Cal.App.2d 739, 741 “legal 20 proceedings are not automatically stayed or dismissed but must be stayed on motio: to compel 21 arbitration; Marcus v. Superior Court (1977) 75 Cal.App.3d 204 Section 1281.4 “seems broad enough to vest the court with authority to stay ‘the action or proceeding’ as to all issues, as to all causes of action, and as to all parties, until the arbitration is concluded.”) 24 Defendant Honda bases this Motion on this Notice, the Memorandum of Points and 25 Authorities, the Declaration of Reshma Bajaj and the attached exhibits, all of which are served. 26 concurrently with this Motion, as well as the pleadings and records in this case, and such other 27 evidence and arguments that may be presented in support of the Motion. Notice re Tentative Rulings: Tentative rulings and further instructions are available on -2 DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION Civil Tentative Rulings | Superior Court of Califomia | County of Santa Cruz. If you do not have access to the Intemet during the time period when the nulings are posted, you may call (831) 420-2300 (Chambers) for assistance in obtaining your tentative ruling. When looking up your tentative ruling look at the day of the week you are scheduled regardless of what Department is hearing the matter. Tentative rulings will be accessible after 3:00 pm on the court day preceding the scheduled hearing. Contesting a Tentative Ruling - To arrange to appear and contest a tentative nuling: 1) You must notify the Court at (831) 420-2483 before 4:00 p.m. on the court day before the hearing; 2) You must also notify opposing counsel by telephone or in person. Parties who do not call to contest the ruling before 4:00 pm on the court day before the 10 hearing, or who appear without notice to both the Court and opposing counsel, will not be heard. 11 If no party has requested oral argument, appearances are not required and the tentative ruling 12 will be adopted as the ruling of the Court. 13 14 Dated: January 8, 2024 GORDON REES SCULLY MANSUKHANI, LLP 15 16 By: Ke thu 4 |< Spencer P. Hugret || #8 17 Jeanette Suarez J Reshma A. Bajaj 18 Attomeys for Defendant AMERICAN HONDA MOTOR CO., INC. 19 20 21 24 25 26 27 3 DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION PROOF OF SERVICE Shannon Carabetta, et al. v. American Honda Motor Co., Inc., et al. Santa Cruz County Superior Court Case No. 23CV01110 Tamaresident of the State of Califomia, over the age of eighteen years, and not a to the within action. business address is: Gordon Rees Scully Mansukhani, LLP, 275 Battery Street, Suite 2000, San Francisco, CA 94111. On the date below, I served the within DEFENDANT AMERICAN HONDA MOTOR CO,, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION O transmit via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. transmitting VIA ELECTRONIC MAIL (from jpotter com) the document(s) listed above to the email address(es) set forth below on this date before 5:00 p.m. (Per agreement of the parties.) Nationwide PERSONALLY DELIVER the document(s) listed above to the person(s) at the address(es) set forth below. 10 by placing the document(s) listed above in a sealed envelope with postage thereon 11 fully prepaid, in United States mail in the State of Califomia at San Francisco, ae 12 addressed as set forth below. Tionna Carvalho 13 STRATEGIC LEGAL PRACTICES, APC 1888 Century Park East, 19th Floor 14 Los Angeles, CA 90067 Tel.: 310-929-4900 15 Fax: 310-943-3838 16 Email: tcarv: sl com. Email: mrajpal@slpattomey.com 17 Email: emailservices@slpattomey.com Attomeys for Plaintiffs 18 J amreadily familiar with the finm 's practice of collection and correspondence 19 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same with thereon fully prepaid in the ordinary course of business. I am aware that on 20 motion of the party served, serviceis invalidif cancellation date or postage meter| date is more than one day after the date of deposit for mailing in affidavit. 21 I declare under penalty of perjury under the laws of the State of Califomia that the above is true and correct. Executed on January 8, 2024 at San Francisco, Califomia. 24 Jessica Potter 25 26 27 1301304751961201.12Q, “1 PROOF OF SERVICE