DINES vs MERCEDES-BENZ U.S.A, LLC, et al.

26CV010858: DINES vs MERCEDES-BENZ U.S.A, LLC, et al. 09/09/2026 Hearing on Motion to Compel Arbitration in Department 8D

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that effective April 13, 2026, this department has moved to the Tani G. Cantil-Sakauye courthouse located at 500 G Street in Sacramento, CA 95814. All hearings noticed for Department 25 will be heard in Department 8D of the new courthouse. Parties who wish to contest the tentative ruling below must: (1) request a hearing by calling the Department 8D Oral Argument Request Line at (916) 874-7719 no later than 4:00 p.m. on the Court day before the scheduled CMC, and (2) advise opposing counsel of the request.

If a hearing is not requested by 4:00 p.m. on the Court day before the scheduled CMC, the tentative ruling shall become the final order of the Court. The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Court’s Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing. If a hearing is requested, the Court assumes that all parties will appear remotely via Zoom unless the Court orders inperson attendance.

The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link: https://saccourt-ca-gov.zoomgov.com/j/16113421868 SIP Address: 16113421868@sip.zoomgov.com (833) 568-8864 ID: 16113421868 Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf.

Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

26CV010858: DINES vs MERCEDES-BENZ U.S.A, LLC, et al. 09/09/2026 Hearing on Motion to Compel Arbitration in Department 8D

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided

TENTATIVE RULING

Defendant’s Notice of Motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06(D). Defendant’s counsel is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure. If Defendant’s counsel is unable to contact opposing counsel prior to the hearing, Defendant’s counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to today’s tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B).

Defendant Mercedes-Benz USA, LLC’s (“Defendant”) Motion to Compel Arbitration of Plaintiff Dan Dines’ (“Plaintiff”) Claims is UNOPPOSED and GRANTED.

This is a lemon law/Song-Beverly Act action. Plaintiff alleges that on January 1, 2025, he purchased a 2024 Mercedes-Benz CLE (“Subject Vehicle”). (Compl., ¶ 7.) Plaintiff alleges that following purchase of the Subject Vehicle he has brought it to an authorized repair facility for nonconformities to warranty no less than three times, but has received the vehicle back without repair of the nonconformities. (Compl., ¶¶ 15-17.) Plaintiff further alleges that Defendant has failed to replace the Subject Vehicle or make restitution after a reasonable number of repair attempts. (Compl., ¶¶ 17, 19.)

Defendant now moves to compel arbitration of Plaintiff’s claims and for a stay of the action pending arbitration.

Defendant has met its burden to allege the existence of an arbitration agreement with Plaintiff that covers the claims asserted against Defendant in this action.

Plaintiff did not file an opposition explaining why the arbitration provision should not be enforced. The Court treats Plaintiff's lack of opposition as a concession on the merits.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26CV010858: DINES vs MERCEDES-BENZ U.S.A, LLC, et al. 09/09/2026 Hearing on Motion to Compel Arbitration in Department 8D

(See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)

The motion to compel arbitration is GRANTED as to Plaintiff’s claims against Defendant. Plaintiff’s claims against Defendant are similarly stayed pending arbitration.

The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.