Gaines vs. Irvine Auto Retail II, Inc.

7. Gaines vs. Irvine Auto Retail II, Inc.

24-01441837

Petition to Confirm Arbitration Award

The motion by defendants Irvine Auto Retail II, Inc. dba Norm Reeves Volkswagen Superstore, James Ponce, Taylor Conant, Eric Ferentz, Sal DeAlba, and Robert Yang, to confirm arbitration award is GRANTED in part and DENIED in part.

The motion is GRANTED as to defendant Irvine Auto Retail II, Inc. dba Norm Reeves Volkswagen Superstore. (Code Civ. Proc., §§ 1285, 1285.4, 1286.) The court orders a judgment of dismissal shall be entered in favor of defendant Irvine Auto Retail II, Inc. dba Norm Reeves Volkswagen Superstore and against plaintiff Isaiah Clifton Gaines, with plaintiff to take nothing from this defendant, in accordance with the arbitrator’s order. (Ex. A to moving papers.)

The above defendant shall provide a proposed judgment by August 3, 2026.

The Court will also set an OSC re: Compliance with Court Order (Submission of Proposed Judgment) for September 3, 2026, at 9:30 a.m. This is to ensure Defendant Irvine Auto Retail II, Inc. dba Norm Reeves Volkswagen Superstore to ensure the proposed judgment is timely submitted. If the Court signs the judgment, the Order to Show Cause re: Compliance with Court Order will be vacated and no appearances will be necessary.

The instant motion is DENIED as to defendants James Ponce, Taylor Conant, Eric Ferentz, Sal DeAlba, and Robert Yang. These defendants were not parties to the original motion to compel arbitration, or this court’s prior order 3-7-25 compelling arbitration. Moreover, there is no evidence that these defendants were parties to the arbitration; the arbitrator’s order reflects that arbitration was only between plaintiff / claimant Isaiah Clifton Gaines, and defendant / respondent Irvine Auto Retail II, Inc. dba Norm Reeves Volkswagen Superstore. (Ex. A to moving papers.) Thus, there is no basis for this court to grant relief as to the individual defendants in connection with the instant motion.

The court’s records reflect that defendants James Ponce, Taylor Conant, Eric Ferentz, Sal DeAlba, and Robert Yang had been served with summons, but had not yet appeared when the court ordered this matter stayed pending completion of arbitration on 3-7-25. [See proof of service of summons at ROA 10 (Yang), 11 (DeAlba), 13 (Ferentz), 20 (Conant), 21 (Ponce).]