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SPENCER P. HUGRET (SBN: 240424)
E-FILED
shugret@grsm.com
AMY MACLEAR(SBN: 215638)
4/14/2021
_
1-03 PM _ I
Superior Court of California
amaclear@ grsm‘com
HAILEY M. ROGERSON (SBN: 31 1918) County 0f Fresno
hrogerson@grsm.com By: C. York, Deputy
GREG GRUZMAN (SBN: 245701)
ggruZmal’l @gl‘sm.c0m
MARIA NOZZOLINO (SBN: 302368)
mnozzolinogQgrsm£0m
ALI AZEMOON (SBN: 331503)
aazemoon@grsm.com
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 941 11
Telephone: (415) 986-5900
Facsimile: (415) 986—8054
10 Attorneys for Defendant
DECKER FORD, INC.
11 dba FUTURE FORD OF CLOVIS erroneously
LLP
sued as FUTURE FORD OF CLOVIS
2000
12
94111
SUPERIOR COURT OF CALIFORNIA
Mansukhani,
Sulte 13
CA COUNTY OF FRESNO
Street,
14
Scully
Francisco,
DEVI MAHINDRA, Case No. 21CECG00500
15 Unlimited Jurisdiction
Battery Plaintiff,
Rees
San
16 DEFENDANT DECKER FORD, INC.
275
VS. DBA FUTURE FORD OF CLOVIS
Gordon
17 ERRONEOUSLY SUED AS FUTURE
FORD MOTOR COMPANY; FUTURE FORD OF CLOVIS’ NOTICE OF
18 FORD OF CLOVIS; and DOES 1 through 10, MOTION AND MOTION TO
inclusive, COMPEL ARBITRATION AND
19 STAY ACTION
Defendants.
20 Date: November 4,2021
Time: 3:30 pm.
VVVVVVVVVVVVVVVVVVVVVVV
21 Dept: Dept.403
22
Complaint Filed: February 19, 2021
23 Trial Date: None set
24 Concurrently Filcd With:
Memorandum of Points and Authorities;
25 Declaration of Ali Azemoon; [Proposed]
Order
26
27
28
DEFENDANT DECKER FORD, INC. DBA FUTURE FORD OF CLOVIS ERRONEOUSLY
SUED AS FUTURE FORD OF CLOVIS’ NOTICE OF MOTION AND MOTION TO
COMPEL ARBITRATION AND STAY ACTION
1 TO PLAINTIFF AND HER COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that PLEASE TAKE NOTICE that on November 4, 2021, at
3 3:30 p.m., or as soon as the matter may be heard, in Department 403, located at 1130 O Street,
4 Fresno, California, 93712, Defendant Decker Ford, Inc. dba Future Ford of Clovis erroneously
5 sued as Future Ford of Clovis (“Future Ford”) will and hereby does move this Court for an order
6 compelling arbitration and staying this action.
7 This Motion will be based upon this Notice, the Memorandum of Points and Authorities,
8 the Declaration of Ali Azemoon in support hereof, the pleadings and records on file herein, and
9 such further argument and evidence as may be received by the Court at the hearing on this
10 matter.
11 This Motion is also based on the Arbitration Provision included in the RISC agreed to
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 and signed by Plaintiff Devi Mahindra, referenced and quoted in the moving papers herein,
San Francisco, CA 94111
13 specifically agreeing to arbitrate “[a]ny claim or dispute, whether in contract, tort, statute or
14 otherwise…between you and us or our employees, agents, successors or assigns, which arises out
15 of or relates to your credit application, purchase or condition of this vehicle, this contract or any
16 resulting transaction or relationship (including any such relationship with third parties who do
17 not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration
18 and not by a court action.”
19 On these grounds, Future Ford seeks to compel the binding Arbitration Provision
20 between all parties and stay of action.
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 -1-
DEFENDANT DECKER FORD, INC. DBA FUTURE FORD OF CLOVIS ERRONEOUSLY
SUED AS FUTURE FORD OF CLOVIS’ NOTICE OF MOTION AND MOTION TO
COMPEL ARBITRATION AND STAY ACTION
1 Further, pursuant Cal. Code Civ. Proc. §1281.4, this case is under a mandatory stay
2 until this Motion is heard. (“If an application has been made to a court of competent
3 jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue
4 involved in an action or proceeding pending before a court of this State and such application is
5 undetermined, the court in which such action or proceeding is pending shall, upon motion of a
6 party to such action or proceeding, stay the action or proceeding until the application for an order
7 to arbitrate is determined and, if arbitration of such controversy is ordered, until an arbitration is
8 had in accordance with the order to arbitrate or until such earlier time as the court specifies.”)
9 (Ross v. Blanchard (Cal. App. 2d Dist.) 251 Cal.App.2d 739, 741 (1967) (“legal proceedings are
10 not automatically stayed or dismissed but must be stayed on motion” to compel arbitration.);
11 Marcus v. Superior Court (Cal. App. 4th Dist.) 75 Cal.App.3d 204 (1977) (Section 1281.4
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
12 “seems broad enough to vest the court with authority to stay ‘the action or proceeding’ as to all
San Francisco, CA 94111
13 issues, as to all causes of action, and as to all parties, until the arbitration is concluded.”)
14 Dated: April 14, 2021 GORDON REES SCULLY MANSUKHANI, LLP
15
By:
16 Spencer P. Hugret
Amy Maclear
17 Hailey M. Rogerson
Greg Guzman
18 Maria Nozzolino
Ali Azemoon
19 Attorneys for Defendant
DECKER FORD, INC. dba
20 FUTURE FORD OF CLOVIS
erroneously sued as FUTURE
21 FORD OF CLOVIS
22
23
24
25
26
27
28 -2-
DEFENDANT DECKER FORD, INC. DBA FUTURE FORD OF CLOVIS ERRONEOUSLY
SUED AS FUTURE FORD OF CLOVIS’ NOTICE OF MOTION AND MOTION TO
COMPEL ARBITRATION AND STAY ACTION
PROOF 0F SERVICE
Devz'Mahindra. v. Ford Motor Company, et al.
Fresno County Superior Court Case No. 21CECG00500
I am a resident of the State 0f 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
Street, Suite 2000, San Francisco, CA 941 1 1. On the date below, I served the Within documents:
DEFENDANT DECKER FORD, INC. DBA FUTURE FORD OF CLOVIS
ERRONEOUSLY SUED AS FUTURE FORD OF CLOVIS’ NOTICE OF MOTION AND
MOTION TO COMPEL ARBITRATION AND STAY ACTION
by transmitting VIA ELECTRONIC MAIL 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.)
D by transmitting via
forth below on this
facsimile the document(s)
date before 5:00 p.m.
listed above to the fax number(s) set
10
LLP
11 D by placing a true
for collection
copy thereof enclosed in a sealed envelope,
and processing of envelopes
at a station designated
and packages for overnight delivery by
FEDEX as part 0f the ordinary business practices of Gordon Rees Scully Mansukhani,
12
2000
LLP described below, addressed as follows:
94111
Mansukhani,
13
Sulte
Tionna Dolin
CA STRATEGIC LEGAL PRACTICES, APC
14
Street,
1840 Century Park East, Suite 430
Scully
Francisco,
Los Angeles, CA 90067
15
Tel.: (310) 929-4900
Fax: (310) 943-3838
Battery
Rees
16
San Email: emailservices@slpattorney.com
275 Email: tdolin@slpattomey.c0m
17
Gordon
Email: crlee@slpattorney£om
Attorneyfor Plaintifl
18
I am readily familiar with the firm’s practice of collection and processing correspondence
19
for mailing. Under that practice itwould be deposited with the U.S. Postal Service 0n that same
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
20
motion of the patty served, service is presumed invalid ifpostal cancellation date 0r postage
meter date is more than one day after the date of deposit for mailing in affidavit.
21
I declare under penalty 0f perjury under the laws of the State of California that the above
22
is true and correct.
23
24
25
26
27
Executed on April 14, 2021 at San Francisco, California.
Mm
/\
MariaM/J uan
28
PROOF OF SERVICE
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SPENCER P. HUGRET (SBN: 240424) E-FILED shugret@grsm.com AMY MACLEAR(SBN: 215638) 4/14/2021 _ 1-03 PM _ I Superior Court of California amaclear@ grsm‘com HAILEY M. ROGERSON (SBN: 31 1918) County 0f Fresno hrogerson@grsm.com By: C. York, Deputy GREG GRUZMAN (SBN: 245701) ggruZmal’l @gl‘sm.c0m MARIA NOZZOLINO (SBN: 302368) mnozzolinogQgrsm£0m ALI AZEMOON (SBN: 331503) aazemoon@grsm.com GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 941 11 Telephone: (415) 986-5900 Facsimile: (415) 986—8054 10 Attorneys for Defendant DECKER FORD, INC. 11 dba FUTURE FORD OF CLOVIS erroneously LLP sued as FUTURE FORD OF CLOVIS 2000 12 94111 SUPERIOR COURT OF CALIFORNIA Mansukhani, Sulte 13 CA COUNTY OF FRESNO Street, 14 Scully Francisco, DEVI MAHINDRA, Case No. 21CECG00500 15 Unlimited Jurisdiction Battery Plaintiff, Rees San 16 DEFENDANT DECKER FORD, INC. 275 VS. DBA FUTURE FORD OF CLOVIS Gordon 17 ERRONEOUSLY SUED AS FUTURE FORD MOTOR COMPANY; FUTURE FORD OF CLOVIS’ NOTICE OF 18 FORD OF CLOVIS; and DOES 1 through 10, MOTION AND MOTION TO inclusive, COMPEL ARBITRATION AND 19 STAY ACTION Defendants. 20 Date: November 4,2021 Time: 3:30 pm. VVVVVVVVVVVVVVVVVVVVVVV 21 Dept: Dept.403 22 Complaint Filed: February 19, 2021 23 Trial Date: None set 24 Concurrently Filcd With: Memorandum of Points and Authorities; 25 Declaration of Ali Azemoon; [Proposed] Order 26 27 28 DEFENDANT DECKER FORD, INC. DBA FUTURE FORD OF CLOVIS ERRONEOUSLY SUED AS FUTURE FORD OF CLOVIS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION 1 TO PLAINTIFF AND HER COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that PLEASE TAKE NOTICE that on November 4, 2021, at 3 3:30 p.m., or as soon as the matter may be heard, in Department 403, located at 1130 O Street, 4 Fresno, California, 93712, Defendant Decker Ford, Inc. dba Future Ford of Clovis erroneously 5 sued as Future Ford of Clovis (“Future Ford”) will and hereby does move this Court for an order 6 compelling arbitration and staying this action. 7 This Motion will be based upon this Notice, the Memorandum of Points and Authorities, 8 the Declaration of Ali Azemoon in support hereof, the pleadings and records on file herein, and 9 such further argument and evidence as may be received by the Court at the hearing on this 10 matter. 11 This Motion is also based on the Arbitration Provision included in the RISC agreed to Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 and signed by Plaintiff Devi Mahindra, referenced and quoted in the moving papers herein, San Francisco, CA 94111 13 specifically agreeing to arbitrate “[a]ny claim or dispute, whether in contract, tort, statute or 14 otherwise…between you and us or our employees, agents, successors or assigns, which arises out 15 of or relates to your credit application, purchase or condition of this vehicle, this contract or any 16 resulting transaction or relationship (including any such relationship with third parties who do 17 not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration 18 and not by a court action.” 19 On these grounds, Future Ford seeks to compel the binding Arbitration Provision 20 between all parties and stay of action. 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 -1- DEFENDANT DECKER FORD, INC. DBA FUTURE FORD OF CLOVIS ERRONEOUSLY SUED AS FUTURE FORD OF CLOVIS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION 1 Further, pursuant Cal. Code Civ. Proc. §1281.4, this case is under a mandatory stay 2 until this Motion is heard. (“If an application has been made to a court of competent 3 jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue 4 involved in an action or proceeding pending before a court of this State and such application is 5 undetermined, the court in which such action or proceeding is pending shall, upon motion of a 6 party to such action or proceeding, stay the action or proceeding until the application for an order 7 to arbitrate is determined and, if arbitration of such controversy is ordered, until an arbitration is 8 had in accordance with the order to arbitrate or until such earlier time as the court specifies.”) 9 (Ross v. Blanchard (Cal. App. 2d Dist.) 251 Cal.App.2d 739, 741 (1967) (“legal proceedings are 10 not automatically stayed or dismissed but must be stayed on motion” to compel arbitration.); 11 Marcus v. Superior Court (Cal. App. 4th Dist.) 75 Cal.App.3d 204 (1977) (Section 1281.4 Gordon Rees Scully Mansukhani, LLP 275 Battery Street, Suite 2000 12 “seems broad enough to vest the court with authority to stay ‘the action or proceeding’ as to all San Francisco, CA 94111 13 issues, as to all causes of action, and as to all parties, until the arbitration is concluded.”) 14 Dated: April 14, 2021 GORDON REES SCULLY MANSUKHANI, LLP 15 By: 16 Spencer P. Hugret Amy Maclear 17 Hailey M. Rogerson Greg Guzman 18 Maria Nozzolino Ali Azemoon 19 Attorneys for Defendant DECKER FORD, INC. dba 20 FUTURE FORD OF CLOVIS erroneously sued as FUTURE 21 FORD OF CLOVIS 22 23 24 25 26 27 28 -2- DEFENDANT DECKER FORD, INC. DBA FUTURE FORD OF CLOVIS ERRONEOUSLY SUED AS FUTURE FORD OF CLOVIS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION PROOF 0F SERVICE Devz'Mahindra. v. Ford Motor Company, et al. Fresno County Superior Court Case No. 21CECG00500 I am a resident of the State 0f 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 Street, Suite 2000, San Francisco, CA 941 1 1. On the date below, I served the Within documents: DEFENDANT DECKER FORD, INC. DBA FUTURE FORD OF CLOVIS ERRONEOUSLY SUED AS FUTURE FORD OF CLOVIS’ NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY ACTION by transmitting VIA ELECTRONIC MAIL 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.) D by transmitting via forth below on this facsimile the document(s) date before 5:00 p.m. listed above to the fax number(s) set 10 LLP 11 D by placing a true for collection copy thereof enclosed in a sealed envelope, and processing of envelopes at a station designated and packages for overnight delivery by FEDEX as part 0f the ordinary business practices of Gordon Rees Scully Mansukhani, 12 2000 LLP described below, addressed as follows: 94111 Mansukhani, 13 Sulte Tionna Dolin CA STRATEGIC LEGAL PRACTICES, APC 14 Street, 1840 Century Park East, Suite 430 Scully Francisco, Los Angeles, CA 90067 15 Tel.: (310) 929-4900 Fax: (310) 943-3838 Battery Rees 16 San Email: emailservices@slpattorney.com 275 Email: tdolin@slpattomey.c0m 17 Gordon Email: crlee@slpattorney£om Attorneyfor Plaintifl 18 I am readily familiar with the firm’s practice of collection and processing correspondence 19 for mailing. Under that practice itwould be deposited with the U.S. Postal Service 0n that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on 20 motion of the patty served, service is presumed invalid ifpostal cancellation date 0r postage meter date is more than one day after the date of deposit for mailing in affidavit. 21 I declare under penalty 0f perjury under the laws of the State of California that the above 22 is true and correct. 23 24 25 26 27 Executed on April 14, 2021 at San Francisco, California. Mm /\ MariaM/J uan 28 PROOF OF SERVICE