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1 SPENCER P. HUGRET (SBN: 240424)
shugret@grsm.com
2 JAMES P. MAYO (SBN: 169897)
jmayo@grsm.com
3 RESHMA A. BAJAJ (SBN: 227106)
rbajaj@grsm.com
4 JORDAN A. WILLETTE (SBN: 327386)
jwillette@grsm.com
5 consumerwarrantyhma@grsm.com
GORDON REES SCULLY MANSUKHANI, LLP
6 275 Battery Street, Suite 2000
San Francisco, CA 94111
7 Telephone: (415) 875-3193
Facsimile: (415) 986-8054
8
Attorneys for Defendant
9 HYUNDAI MOTOR AMERICA
10
SUPERIOR COURT OF CALIFORNIA
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Gordon Rees Scully Mansukhani, LLP
COUNTY OF MONTEREY
275 Battery Street, Suite 2000
12
San Francisco, CA 94111
13 MATTHEW GREGORY TEPAS, an Case No. 23CV003338
individual, and LINDSAY RYAN
14 MCCORMICK, an individual, DEFENDANT HYUNDAI MOTOR
AMERICA’S NOTICE OF MOTION
15 Plaintiffs, AND MOTION TO COMPEL
ARBITRATION AND STAY ACTION
16 vs.
[Concurrently filed with Memorandum of
17 HYUNDAI MOTOR AMERICA, a Points and Authorities, Declaration of
California Corporation, and DOES 1 through Jordan A. Willette, and Proposed Order]
18 10, inclusive,
Date: March 29, 2024
19 Defendants. Time: 8:30 a.m.
Dept.: 13A
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21 Complaint Filed: October 16, 2023
Trial Date: None Set
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on a March 29, 2024, at 8:30 a.m. in Department 13A of
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the above-entitled court, located at the Monterey Courthouse, 1200 Agujito Road, Monterey,
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California 93940, Defendant HYUNDAI MOTOR AMERICA (“HMA”) will and hereby does
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move this Court for an order compelling arbitration and staying this action pursuant to Code of
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Civil Procedure section 1281, et seq.
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DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION TO COMPEL
ARBITRATION AND STAY ACTION
1 This Motion is based on the Arbitration Provision included in the warranty for the subject
2 2022 Hyundai IONIQ 5, VIN: KM8KM4AEXNU055405 referenced and quoted in the moving
3 papers, specifically agreeing to arbitrate “any claim or disputes between us (including between
4 you and any of our affiliated companies) related to or arising out of your vehicle purchase,
5 advertising for the vehicle, use of your vehicle, the performance of the vehicle, and service
6 relating to the vehicle, the vehicle warranty, representations in the warranty, or duties
7 contemplated under the warranty… shall be resolved by binding arbitration at either your or our
8 election, even if the claim is initially filed in a court of law.”
9 Moreover, the Court may compel arbitration under the arbitration agreement in the
10 purchase contract for the subject vehicle under equitable estoppel.
11 Further, pursuant Section 1281.4 of the Code of Civil Procedure, this case is under a
Gordon Rees Scully Mansukhani, LLP
mandatory stay until this Motion is heard: “If an application has been made to a court of
275 Battery Street, Suite 2000
12
San Francisco, CA 94111
13 competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which
14 is an issue involved in an action or proceeding pending before a court of this State and such
15 application is undetermined, the court in which such action or proceeding is pending shall, upon
16 motion of a party to such action or proceeding, stay the action or proceeding until the application
17 for an 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.” (Code Civ. Proc. § 1281.4; see also Ross v. Blanchard (1967) 251 Cal.App.2d 739,
20 741 [“legal proceedings are not automatically stayed or dismissed but must be stayed on motion”
21 to compel arbitration.]; Marcus v. Superior Court (1977) 75 Cal.App.3d 204 [Section 1281.4
22 “seems broad enough to vest the court with authority to stay ‘the action or proceeding’ as to all
23 issues, as to all causes of action, and as to all parties, until the arbitration is concluded.”].)
24 HMA therefore seeks to compel arbitration between all parties and request an order: (1)
25 that all claims against HMA be arbitrated with the American Arbitration Association, or any
26 other arbitration administrator by agreement of the parties, pursuant to the terms of the
27 Arbitration Agreement; (2) that stays of the entire action until the hearing on this Motion; and (3)
28 that stays of the entire action pending completion of arbitration.
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DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION TO COMPEL
ARBITRATION AND STAY ACTION
1 This Motion is based upon this Notice, the Memorandum of Points and Authorities, the
2 Declaration of Jordan A. Willette in support hereof, the pleadings and records on file herein, and
3 such further argument and evidence as may be received by the Court at the hearing on this
4 matter.
5 Notice Tentative Rulings: If a tentative ruling is issued, it will be available on the court’s
6 website by 3:00 p.m. the court day before the hearing or by telephoning the court at (831) 647-
7 5800 ext. 3040, between 3:00 p.m. and 4:00 p.m. Those parties wishing to present oral argument
8 must notify all other parties and the Court no later than 4:00 p.m. on the court day prior to the
9 hearing, otherwise, no oral argument will be permitted and the tentative ruling will become the
10 order of the Court.
11
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 Dated: February 1, 2024 GORDON REES SCULLY MANSUKHANI, LLP
San Francisco, CA 94111
13
By:
14 Spencer P. Hugret
James P. Mayo
15 Reshma A. Bajaj
Jordan A. Willette
16 Attorneys for Defendant
HYUNDAI MOTOR AMERICA
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DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION TO COMPEL
ARBITRATION AND STAY ACTION
1 PROOF OF SERVICE
Matthew Gregory Tepas, et al. v. Hyundai Motor America, et al.
2 Monterey County Superior Court Case No. 23CV003338
3 I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP, 275 Battery
4 Street, Suite 2000, San Francisco, CA 94111. On the date below, I served the within documents:
5 DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION
TO COMPEL ARBITRATION AND STAY ACTION
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7 by transmitting VIA ELECTRONIC MAIL the document(s) from larago@grsm.com
listed above to the email address(es) set forth below on this date before 5:00 p.m. (Per
agreement of the parties.)
8
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by having 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
fully prepaid, in United States mail in the State of California at San Francisco,
11 addressed as set forth below.
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 Kevin Y. Jacobson
San Francisco, CA 94111
13 Donald Mahnke
QUILL & ARROW, LLP
14 10900 Wilshire Boulevard, Suite 300
Los Angeles, CA 90024
15 Tel: (310) 933-4271
Fax: (310) 889-0645
16 Email: kjacobson@quillarrowlaw.com
Email: dmahnke@quillarrowlaw.com
17 Email: e-service@quillarrowlaw.com
18
Attorneys for Plaintiff
19
I am readily familiar with the firm’s practice of collection and processing correspondence
20 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
21 motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after the date of deposit for mailing in affidavit.
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I declare under penalty of perjury under the laws of the State of California that the above
23 is true and correct.
24 Executed on February 1, 2024 at San Francisco, California.
25
26 Lydia Arago Schou
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DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION TO COMPEL
ARBITRATION AND STAY ACTION
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1 SPENCER P. HUGRET (SBN: 240424) shugret@grsm.com 2 JAMES P. MAYO (SBN: 169897) jmayo@grsm.com 3 RESHMA A. BAJAJ (SBN: 227106) rbajaj@grsm.com 4 JORDAN A. WILLETTE (SBN: 327386) jwillette@grsm.com 5 consumerwarrantyhma@grsm.com GORDON REES SCULLY MANSUKHANI, LLP 6 275 Battery Street, Suite 2000 San Francisco, CA 94111 7 Telephone: (415) 875-3193 Facsimile: (415) 986-8054 8 Attorneys for Defendant 9 HYUNDAI MOTOR AMERICA 10 SUPERIOR COURT OF CALIFORNIA 11 Gordon Rees Scully Mansukhani, LLP COUNTY OF MONTEREY 275 Battery Street, Suite 2000 12 San Francisco, CA 94111 13 MATTHEW GREGORY TEPAS, an Case No. 23CV003338 individual, and LINDSAY RYAN 14 MCCORMICK, an individual, DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION 15 Plaintiffs, AND MOTION TO COMPEL ARBITRATION AND STAY ACTION 16 vs. [Concurrently filed with Memorandum of 17 HYUNDAI MOTOR AMERICA, a Points and Authorities, Declaration of California Corporation, and DOES 1 through Jordan A. Willette, and Proposed Order] 18 10, inclusive, Date: March 29, 2024 19 Defendants. Time: 8:30 a.m. Dept.: 13A 20 21 Complaint Filed: October 16, 2023 Trial Date: None Set 22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE that on a March 29, 2024, at 8:30 a.m. in Department 13A of 24 the above-entitled court, located at the Monterey Courthouse, 1200 Agujito Road, Monterey, 25 California 93940, Defendant HYUNDAI MOTOR AMERICA (“HMA”) will and hereby does 26 move this Court for an order compelling arbitration and staying this action pursuant to Code of 27 Civil Procedure section 1281, et seq. 28 -1- DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION 1 This Motion is based on the Arbitration Provision included in the warranty for the subject 2 2022 Hyundai IONIQ 5, VIN: KM8KM4AEXNU055405 referenced and quoted in the moving 3 papers, specifically agreeing to arbitrate “any claim or disputes between us (including between 4 you and any of our affiliated companies) related to or arising out of your vehicle purchase, 5 advertising for the vehicle, use of your vehicle, the performance of the vehicle, and service 6 relating to the vehicle, the vehicle warranty, representations in the warranty, or duties 7 contemplated under the warranty… shall be resolved by binding arbitration at either your or our 8 election, even if the claim is initially filed in a court of law.” 9 Moreover, the Court may compel arbitration under the arbitration agreement in the 10 purchase contract for the subject vehicle under equitable estoppel. 11 Further, pursuant Section 1281.4 of the Code of Civil Procedure, this case is under a Gordon Rees Scully Mansukhani, LLP mandatory stay until this Motion is heard: “If an application has been made to a court of 275 Battery Street, Suite 2000 12 San Francisco, CA 94111 13 competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which 14 is an issue involved in an action or proceeding pending before a court of this State and such 15 application is undetermined, the court in which such action or proceeding is pending shall, upon 16 motion of a party to such action or proceeding, stay the action or proceeding until the application 17 for an 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.” (Code Civ. Proc. § 1281.4; see also Ross v. Blanchard (1967) 251 Cal.App.2d 739, 20 741 [“legal proceedings are not automatically stayed or dismissed but must be stayed on motion” 21 to compel arbitration.]; Marcus v. Superior Court (1977) 75 Cal.App.3d 204 [Section 1281.4 22 “seems broad enough to vest the court with authority to stay ‘the action or proceeding’ as to all 23 issues, as to all causes of action, and as to all parties, until the arbitration is concluded.”].) 24 HMA therefore seeks to compel arbitration between all parties and request an order: (1) 25 that all claims against HMA be arbitrated with the American Arbitration Association, or any 26 other arbitration administrator by agreement of the parties, pursuant to the terms of the 27 Arbitration Agreement; (2) that stays of the entire action until the hearing on this Motion; and (3) 28 that stays of the entire action pending completion of arbitration. -2- DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION 1 This Motion is based upon this Notice, the Memorandum of Points and Authorities, the 2 Declaration of Jordan A. Willette in support hereof, the pleadings and records on file herein, and 3 such further argument and evidence as may be received by the Court at the hearing on this 4 matter. 5 Notice Tentative Rulings: If a tentative ruling is issued, it will be available on the court’s 6 website by 3:00 p.m. the court day before the hearing or by telephoning the court at (831) 647- 7 5800 ext. 3040, between 3:00 p.m. and 4:00 p.m. Those parties wishing to present oral argument 8 must notify all other parties and the Court no later than 4:00 p.m. on the court day prior to the 9 hearing, otherwise, no oral argument will be permitted and the tentative ruling will become the 10 order of the Court. 11 Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 Dated: February 1, 2024 GORDON REES SCULLY MANSUKHANI, LLP San Francisco, CA 94111 13 By: 14 Spencer P. Hugret James P. Mayo 15 Reshma A. Bajaj Jordan A. Willette 16 Attorneys for Defendant HYUNDAI MOTOR AMERICA 17 18 19 20 21 22 23 24 25 26 27 28 -3- DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION 1 PROOF OF SERVICE Matthew Gregory Tepas, et al. v. Hyundai Motor America, et al. 2 Monterey County Superior Court Case No. 23CV003338 3 I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP, 275 Battery 4 Street, Suite 2000, San Francisco, CA 94111. On the date below, I served the within documents: 5 DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION 6 7 by transmitting VIA ELECTRONIC MAIL the document(s) from larago@grsm.com listed above to the email address(es) set forth below on this date before 5:00 p.m. (Per agreement of the parties.) 8 9 by having 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 fully prepaid, in United States mail in the State of California at San Francisco, 11 addressed as set forth below. Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 Kevin Y. Jacobson San Francisco, CA 94111 13 Donald Mahnke QUILL & ARROW, LLP 14 10900 Wilshire Boulevard, Suite 300 Los Angeles, CA 90024 15 Tel: (310) 933-4271 Fax: (310) 889-0645 16 Email: kjacobson@quillarrowlaw.com Email: dmahnke@quillarrowlaw.com 17 Email: e-service@quillarrowlaw.com 18 Attorneys for Plaintiff 19 I am readily familiar with the firm’s practice of collection and processing correspondence 20 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on 21 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. 22 I declare under penalty of perjury under the laws of the State of California that the above 23 is true and correct. 24 Executed on February 1, 2024 at San Francisco, California. 25 26 Lydia Arago Schou 27 28 -4- DEFENDANT HYUNDAI MOTOR AMERICA’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION