MIGUEL RUIZ LUNA ET AL VS. NISSAN NORTH AMERICA, INC. ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25622371 - July 10, 2025 Hearing date: July 10, 2025 Case number: CGC25622371 Case title: MIGUEL RUIZ LUNA ET AL VS. NISSAN NORTH AMERICA, INC. ET AL Case Number: | | CGC25622371 | Case Title: | | MIGUEL RUIZ LUNA ET AL VS. NISSAN NORTH AMERICA, INC. ET AL | Court Date: | | 2025-07-10 09:00 AM | Calendar Matter: | | Notice Of Hearing On Petition And Petition To Compel Arbitration And To Stay Proceedings | Rulings: | | Matter on the Law & Motion / Discovery calendar for Thursday, July 10, 2025, Line 10. DEFENDANT NISSAN NORTH AMERICA, INC.'s Petition To Compel Arbitration And To Stay Proceedings.

Nissan North America, Inc.'s petition to compel arbitration and stay proceedings is denied. As Nissan acknowledges, its position-that Plaintiff's warranty claims are so intertwined with its contract with the dealer who sold Plaintiff the car that Plaintiff should be compelled to arbitrate those claims notwithstanding that Nissan is not a signatory to Plaintiff's arbitration agreement with the dealer-relies on the viability of Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. Felisilda has now been overruled by Ford Motor Warranty Cases (Cal., July 3, 2025, No. S279969) 2025 WL 1830882, which holds that car buyers are not estopped by a buyer-dealer arbitration agreement from pursuing buyer-manufacturer claims in court.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.