Superior Court of California

armando temoltzi-ordonez Plaintiff, v. orange coast auto group, llc; FCA us llc; et al., Defendants.

Case No.: 20STCV26621

Hearing Date: August 6, 2021

[TENTATIVE] order RE:

defendants Orange coast auto group, llc’s and FCA us llc’s motions to compel arbitration

Procedural Background

On July 15, 2020, Plaintiff Armando Temoltzi-Ordonez (“Plaintiff”) filed the instant action against FCA US LLC (“FCA”), and Orange Coast Auto Group, LLC (“Orange Coast”) (jointly “Defendants”) alleging (1) breach of express warranty- violation of the Song-Beverly Act; (2) breach of implied warranty- violation of the Song Beverly Act; (3) violation of the Song-Beverly Act Section 1793.2; and (4) fraudulent inducement-concealment.

On August 20, 2020, Defendants filed a demurrer and motion to strike. On January 7, 2021, the sustained the demurrer in part as to the fourth cause of action and granted the motion to strike as to punitive damages with leave to amend. (Order 1/7