MOTION TO COMPEL ARBITRATION
Date: 2/14/20
Case: Robert Avellanet v. FCA US LLC et al. (19GDCV00983)
TENTATIVE RULING:
In this motion, defendant Fiat of Glendale, the dealership that sold the car at issue, seeks to compel arbitration of plaintiff Robert Avellanet’s claims against both the dealership and the manufacturer of the subject vehicle, defendant FCA US LLC (“FCA”). FCA consents to arbitration.
As to the dealership, the arbitration provision in the Retail Installment Sales Contract (“RISC”), which is signed by plaintiff and the dealership, governs claims pertaining to the purchase or condition of the vehicle encompassed in the RISC. Plaintiff does not dispute that the dealership is entitled to arbitration. Accordingly, the motion to compel arbitration is granted as to plaintiff’s claims against defendant Fiat of Glendale.
As for the manufacturer, it is undisputed FCA is not a signatory to the RISC. Nonetheless, a non-signatory may “compel arbitration of a dispute arising o
Hearing Date
February 14, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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MOTION TO COMPEL ARBITRATION
Date: 2/14/20
Case: Robert Avellanet v. FCA US LLC et al. (19GDCV00983)
TENTATIVE RULING:
In this motion, defendant Fiat of Glendale, the dealership that sold the car at issue, seeks to compel arbitration of plaintiff Robert Avellanet’s claims against both the dealership and the manufacturer of the subject vehicle, defendant FCA US LLC (“FCA”). FCA consents to arbitration.
As to the dealership, the arbitration provision in the Retail Installment Sales Contract (“RISC”), which is signed by plaintiff and the dealership, governs claims pertaining to the purchase or condition of the vehicle encompassed in the RISC. Plaintiff does not dispute that the dealership is entitled to arbitration. Accordingly, the motion to compel arbitration is granted as to plaintiff’s claims against defendant Fiat of Glendale.
As for the manufacturer, it is undisputed FCA is not a signatory to the RISC. Nonetheless, a non-signatory may “compel arbitration of a dispute arising o