On October 05, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Diaz, Ivette,
and
Mazda Motor Of America, Inc.,
for 06-CV Breach of Contract/Warranty-Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Division H
Hearing Date: 04/18/2024 Time: 8:30 AM - 12:00 PM
DIAZ VS MAZDA MOTOR OF AMERICA, INC., A CALIFORNIA CORPORATION
BCV-22-102635
Honorable: Bernard C. Barmann, Jr. Clerk: Vanessa Cofield
Court Reporter: . None Bailiff: Deputy Sheriff
PARTIES:
Present:
MAZDA MOTOR OF AMERICA, INC. EKBLAD, ERIK J Attorney, Present
DBA MAZDA NORTH AMERICAN OPERATIONS
Defendant, Not Present
MAZDA MOTOR OF AMERICA, INC., A EKBLAD, ERIK J Attorney, Present
CALIFORNIA CORPORATION Defendant, Not
Present
Not Present:
DIAZ, IVETTE Plaintiff JACOBSON, KEVIN Y Attorney
Luis A Serrano appeared via audio/video communication on behalf of plaintiff
Erik J Ekblad appeared via audio/video communication on behalf of defendant
NATURE OF PROCEEDINGS: MOTION TO STAY THIS ACTION PENDING THE CALIFORNIA SUPREME COURT'S
DECISION IN EVERARDO RODRIGUEZ, ET AL V FCA US LLC/ ADDITIONAL REQUEST FOR LEAVE TO AMEND
COMPLAINT; FILED BY PLAINTIFF
NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT; FILED BY DEFENDANT
Hearing Start Time: 8:30 AM
The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
The Court appoints Michelle Cooper from the Pro Tempore list as the Official Court Reporter for Motion. Oath on
file.
Tentative announced in open court.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Plaintiff's and Defendant's objections ruled on by the Court as stated on the formal record.
MINUTES
Page 1 of 2
DIAZ VS MAZDA MOTOR OF AMERICA, INC., A CALIFORNIA BCV-22-102635
CORPORATION
Plaintiff's Motion to Stay This Action Pending the California Supreme Court's Decision in Everardo Rodriguez, ET AL
V FCA US LLC/ Additional Request for Leave to Amend Complaint is denied.
Defendant's Motion for Summary Judgment is denied. In the alternative, Motion for Summary Adjudication is
granted as to the first and third causes of actions, as well as civil penalties; Motion for Summary Adjudication is
denied as to the second cause of action.
Counsel for defense is to prepare a formal order consistent with this ruling and pursuant to CRC 3.1312 and CCP
Section 437c(g).
Further notice waived.
FUTURE HEARINGS:
April 19, 2024 11:00 AM Mandatory Settlement Conference
Bakersfield Division J
Sheriff, Deputy
Pulskamp, Gregory
May 17, 2024 1:30 PM Final Case Management Conference
Bakersfield Division H
Barmann, Bernard C., Jr.
May 20, 2024 9:00 AM Jury Trial
Bakersfield Division H
Sheriff, Deputy
Barmann, Bernard C., Jr.
MINUTES FINALIZED BY: VANESSA COFIELD ON: 4/19/2024
MINUTES
Page 2 of 2
DIAZ VS MAZDA MOTOR OF AMERICA, INC., A CALIFORNIA BCV-22-102635
CORPORATION
Document Filed Date
April 18, 2024
Case Filing Date
October 05, 2022
Category
06-CV Breach of Contract/Warranty-Civil Unlimited
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Superior Court of California County of Kern Bakersfield Division H Hearing Date: 04/18/2024 Time: 8:30 AM - 12:00 PM DIAZ VS MAZDA MOTOR OF AMERICA, INC., A CALIFORNIA CORPORATION BCV-22-102635 Honorable: Bernard C. Barmann, Jr. Clerk: Vanessa Cofield Court Reporter: . None Bailiff: Deputy Sheriff PARTIES: Present: MAZDA MOTOR OF AMERICA, INC. EKBLAD, ERIK J Attorney, Present DBA MAZDA NORTH AMERICAN OPERATIONS Defendant, Not Present MAZDA MOTOR OF AMERICA, INC., A EKBLAD, ERIK J Attorney, Present CALIFORNIA CORPORATION Defendant, Not Present Not Present: DIAZ, IVETTE Plaintiff JACOBSON, KEVIN Y Attorney Luis A Serrano appeared via audio/video communication on behalf of plaintiff Erik J Ekblad appeared via audio/video communication on behalf of defendant NATURE OF PROCEEDINGS: MOTION TO STAY THIS ACTION PENDING THE CALIFORNIA SUPREME COURT'S DECISION IN EVERARDO RODRIGUEZ, ET AL V FCA US LLC/ ADDITIONAL REQUEST FOR LEAVE TO AMEND COMPLAINT; FILED BY PLAINTIFF NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT; FILED BY DEFENDANT Hearing Start Time: 8:30 AM The above-entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. The Court appoints Michelle Cooper from the Pro Tempore list as the Official Court Reporter for Motion. Oath on file. Tentative announced in open court. Matter argued by counsel and submitted. The Court makes the following findings and orders: Plaintiff's and Defendant's objections ruled on by the Court as stated on the formal record. MINUTES Page 1 of 2 DIAZ VS MAZDA MOTOR OF AMERICA, INC., A CALIFORNIA BCV-22-102635 CORPORATION Plaintiff's Motion to Stay This Action Pending the California Supreme Court's Decision in Everardo Rodriguez, ET AL V FCA US LLC/ Additional Request for Leave to Amend Complaint is denied. Defendant's Motion for Summary Judgment is denied. In the alternative, Motion for Summary Adjudication is granted as to the first and third causes of actions, as well as civil penalties; Motion for Summary Adjudication is denied as to the second cause of action. Counsel for defense is to prepare a formal order consistent with this ruling and pursuant to CRC 3.1312 and CCP Section 437c(g). Further notice waived. FUTURE HEARINGS: April 19, 2024 11:00 AM Mandatory Settlement Conference Bakersfield Division J Sheriff, Deputy Pulskamp, Gregory May 17, 2024 1:30 PM Final Case Management Conference Bakersfield Division H Barmann, Bernard C., Jr. May 20, 2024 9:00 AM Jury Trial Bakersfield Division H Sheriff, Deputy Barmann, Bernard C., Jr. MINUTES FINALIZED BY: VANESSA COFIELD ON: 4/19/2024 MINUTES Page 2 of 2 DIAZ VS MAZDA MOTOR OF AMERICA, INC., A CALIFORNIA BCV-22-102635 CORPORATION