Streker vs. Cobb
Motion for Leave to File Cross Complaint
Motion type
Ruling
severance of Plaintiff’s Lemon Law claims. Plaintiff and Nissan North America, Inc., may stipulate to sever the 5th-7th causes of action, or stay those causes of action until the completion of arbitration on other claims. If the parties cannot stipulate, each may file a brief not to exceed 10 pages, no earlier than 9 court days before the status conference, addressing the party’s position regarding whether Plaintiff’s Lemon Law claims should be severed or stayed pending the arbitration of the other claims.
With respect to the 11th Cause of Action seeking to recover from Defendant’s bond obtained pursuant to Veh. Code section 11710, the matter is STAYED pending the completion of the arbitration proceedings. (Code Civ. Proc. §1281.4.)
The remainder of this action, including any claim for injunctive relief, is STAYED pending the outcome of the arbitrations. (Code Civ. Proc. §1281.4.)
The jury trial scheduled for August 16, 2027 is vacated.
An Alternative Dispute Resolution Review Hearing is scheduled for March 19, 2027 at 8:30 a.m. in Department C44 as to those causes of action in arbitration.
A Status Conference Re Severance of Plaintiff’s Lemon Law Claims (Causes of Action 5-7) is scheduled for November 20, 2026 at 8:30 a.m. in Department C44.
Moving Defendants shall provide notice.
7 Pinzon vs. Opes Investments Inc.
2025-01509447 Motion for Arbitration Provision
Hearing continued. See minute order dated 8/18/26. 8 Streker vs. Cobb
2024-01449117 Motion for Leave to File Cross Complaint
Hearing vacated. See minute order dated 8/18/26.
9 Wicker vs. Volkswagen Group of America, Inc.
2025-01532708 Demurrer to Complaint
Defendant Unstoppable Automotive Group AMV LLC, dba Audi Mission Viejo’s demurrer to the 5th cause of action for negligent repair in plaintiff David Wicker’s Complaint is OVERRULED, as this cause of action states sufficient facts. (Code Civ. Proc., § 430.10, subd. (e); Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917 [elements]; Complaint, ¶¶ 47-48 [duty created by delivery
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