DORIA v. BMW NORTH AMERICA, LLC
CASE NO.: 19NWCV00603
HEARING: 02/13/2020
Calendar Matter#7
TENTATIVE ORDER
Defendant MCKENNA MOTORS, INC.’s motion to compel arbitration is GRANTED as to MCKENNA MOTORS, INC. CCP § 1281.2. The case is STAYED until conclusion of the arbitration.
Moving Party to give notice.
Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The provisions must be stated verb
Hearing Date
February 13, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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DORIA v. BMW NORTH AMERICA, LLC
CASE NO.: 19NWCV00603
HEARING: 02/13/2020
Calendar Matter#7
TENTATIVE ORDER
Defendant MCKENNA MOTORS, INC.’s motion to compel arbitration is GRANTED as to MCKENNA MOTORS, INC. CCP § 1281.2. The case is STAYED until conclusion of the arbitration.
Moving Party to give notice.
Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The provisions must be stated verb