Motion to Compel

Cal. Super. - 2nd Dist.May 21, 2019

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 08:20:00 AM JUDICIAL OFFICER PRESIDING: Vincent O'Neill COUNTY OF VENTURA VENTURA DATE: 01/06/2020 DEPT: 41 CLERK: Julie Christie REPORTER/ERM: Tanya Rogers CASE NO: 56-2019-00528634-CU-BC-VTA CASE TITLE: Hovasapyan vs. BMW of North America LLC CASE CATEGORY: Civil - Unlimited CASE TYPE: Breach of Contract/Warranty EVENT TYPE: Motion to Compel Arbitration & Stay Action of Defendant Mercedes-Benz of Oxnard; Memorandum of Points & Authorities; Declaration of Elizabeth L Kolar MOVING PARTY: Oxnard European Motors LLC CAUSAL DOCUMENT/DATE FILED: Motion to Compel Arbitration & Stay Action of Defendant Mercedes-Benz of Oxnard; Memorandum of Points & Authorities; Declaration of Elizabeth L Kolar, 11/22/2019 STOLO APPEARANCES STOLO Samantha M. Koopersmith for BMW of North America, counsel, present for Defendant,Cross - Defendant(s) telephonically. Elizabeth Kolar, counsel, present for Defendant Oxnard European Motors LLC Daniel Z. Inscore, counsel, present for Plaintiff Stolo At 9:29 A.M., court convenes in this matter with all parties present as previously indicated. Counsel have received and read the court's written tentative ruling. Matter submitted to the Court with argument. The Court's tentative is adopted as the Court's ruling. Ruling on Defendant/cross-complainant Oxnard European Motors, LLC's motion to compel arbitration and for stay: The court denies Defendant/cross-complainant Oxnard European Motors, LLC's motion to compel arbitration. MB Oxnard waived its right to compel arbitration. It filed an answer that did not contain an affirmative defense making reference to arbitration. It filed a cross-complaint and a demand for jury trial. MB Oxnard engaged in extensive discovery it would not necessarily be entitled to under the arbitration rules for which plaintiff incurred expenses. It waited over five months to bring this motion and makes no attempt to justify its conduct in the Reply. VEN-FNR-10.03 MINUTE ORDER DATE: 01/06/2020 Page 1 DEPT: 41 CASE TITLE: Hovasapyan vs. BMW of North America LLC CASE NO: 56-2019-00528634-CU-BC-VTA Parties waive notice. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 01/06/2020 Page 2 DEPT: 41