Granted On 12/8/20, the Court granted both motions as to Enrique Oregel Esparza, but continued the motions as to Rosa de los Angeles es Martines Morales (“Morales”) to determine what interest she had in the property and whether she had standing to pursue her claims. Plaintiffs content that a portion of Morales’ money was used to purchase the vehicle, and based on that allegation, contends that she is a purchaser under the Song Beverly Act. No authority has been presented that states that she cannot pursue a claim on this basis. However, if this is the basis of her action against the defendants, she will also be bound by the arbitration provision in the purchase agreement. Generally, the rule is that a nonsignatory to an arbitration agreement cannot be compelled to arbitration. Crowley Maritime Corp. v. Boston Old Colony Ins. Co. (2008) 158 Cal.App.4th 1061, 1069. However, there are exceptions to this rule. Id. “Under California law, a nonsignatory can be compelled to arbitrate under tw
Hearing Date
January 22, 2021
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Granted On 12/8/20, the Court granted both motions as to Enrique Oregel Esparza, but continued the motions as to Rosa de los Angeles es Martines Morales (“Morales”) to determine what interest she had in the property and whether she had standing to pursue her claims. Plaintiffs content that a portion of Morales’ money was used to purchase the vehicle, and based on that allegation, contends that she is a purchaser under the Song Beverly Act. No authority has been presented that states that she cannot pursue a claim on this basis. However, if this is the basis of her action against the defendants, she will also be bound by the arbitration provision in the purchase agreement. Generally, the rule is that a nonsignatory to an arbitration agreement cannot be compelled to arbitration. Crowley Maritime Corp. v. Boston Old Colony Ins. Co. (2008) 158 Cal.App.4th 1061, 1069. However, there are exceptions to this rule. Id. “Under California law, a nonsignatory can be compelled to arbitrate under tw