Hoswualdo Lopez vs Ford Motor Company et al

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 12 Honorable Nahal Iravani-Sani, Presiding Courtroom Clerk, Ryan Nguyen 191 North First Street, San Jose, CA 95113 Telephone: (408) 882-2230

DATE: 06/10/2026 TIME: 9:00 and 9:01 A.M.

LINES 6- 25CV457483 Richard Chamberlain Line 6: Motion - Declare Plaintiff Vexatious Litigant 12 vs Please control click or scroll down to Line 6 Jason Chamberlain Lines 7 – 12: In light of 5/8/2026 dispositive ruling on the motion for summary judgment, the remaining motions are rendered moot and ordered off calendar.

LINE 13 24CV469611 Danea Burleson Motion: Protective Order vs Bay Area Ketamine Center, Inc. et al

LINE 14 25CV472916 Immigration Hearing: Demurrer Resettlement and Cultural Center Please control click or scroll down to Line 14 (“IRCC”), Inc. vs Cuong Nguyen et al

LINE 15 25CV474936 Hoswualdo Lopez Hearing: Petition Compel Arbitration vs Ford Motor Company Please scroll down to Line 15 et al

9:01 CASE # CASE TITLE RULING

LINE 1 21CV37621 George Ku vs. Hearing: Order of Examination Harald Herchen

LINE 2 24CV430720 Capital One N.a. vs Hearing: Claim of Exemption Maurice Mcintosh et al

The Court defers ruling on the debtor’s Claim of Exemption and requests additional documentation pursuant to CCP §703.540. Within 30 days, the debtor shall file and serve documentation supporting the claimed monthly expenses, including but not limited to:

• Proof of earnings;

• Proof of rent or housing payments (such as a lease agreement, rent receipts, or bank statements reflecting rent payments);

Calendar line 15 Case Name: Lopez v. Ford Motor Company et al. Case No.: 25CV474936

Plaintiff Hosuwaldo Lopez (“Plaintiff”) purchased a 2021 F-250 (Subject Vehicle) on June 15, 2021 from Future Ford of Clovis (“Dealership”). (Complaint at ¶ 7.)

Plaintiff delivered the Subject Vehicle to Dealership for substantial repair on at least one occasion. (Id. at ¶ 59.)

Plaintiff alleges that Dealership “breached its duty to Plaintiff to use ordinary care and skill by failing to properly store, prepare, and repair the Subject Vehicle in accordance with industry standards.” (Id. at ¶ 61.)

Plaintiff sued Dealership and Ford Motor Company on September 11, 2025. The sole cause of action alleged against Dealership is for negligent repair.

At issue is Dealership’s petition to compel arbitration, based on the Retail Installment Sales Contract (RISC) signed by Plaintiff and Dealership when Plaintiff purchased the Subject Vehicle.

Having reviewed the language of the RISC’s arbitration provision and the circumstances of its execution, the court will grant the petition and stay the action.

LEGAL STANDARD

Dealership maintains that the FAA governs the Arbitration Provision based on the language itself and because the agreement affects interstate commerce. (Mtn. to Compel Arbitration at pp 6:25-7:1.)

The arbitration provision states “[a]ny arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration.” (Declaration of Trina Clayton [“Clayton Decl.”], Ex. A.)

Under the FAA, the court’s role is limited to determining “(1) whether a valid agreement to arbitrate exists, and if it does (2) whether the agreement encompasses the dispute at issue.” (Chiron Corp. v. Ortho Diagnostic Systems, Inc. (9th Cir. 2000) 207 F.3d 1126, 1130.)

To determine “whether a valid contract to arbitrate exists,” courts apply “ordinary state law principles that govern contract formation.” (Davis v. Nordstrom, Inc. (9th Cir. 2014) 755 F.3d 1089, 1093 [citations omitted]; see also Ingle v. Circuit City Stores, Inc. (9th Cir. 2003) 328 F.3d 1165, 1170.)

Code of Civil Procedure section 1281.2 provides: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate such controversy, the court shall order the petitioner and respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for rescission of the agreement.”

In determining the threshold question of whether an arbitration agreement exists between the parties, the court employs a three-step burden shifting analysis. (Iyere v. Wise Auto Group (2023) 87 Cal.App.5th 747, 755 (Iyere); see also Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060.)

The party seeking to compel arbitration bears the initial burden of showing an agreement to arbitrate. If that burden is met, the burden shifts to the opposing party to show a factual dispute regarding the agreement’s existence. If the opposing party does so, then the burden shifts back to the proponent of arbitration to show the existence of a valid agreement by a preponderance of the evidence. (Iyere, supra, 87 Cal.App.5th at p. 755.)

ANALYSIS

There is a Valid Agreement to Arbitrate

The arbitration provision in the RISC provides, in relevant part: Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, any allegation of waiver of rights under this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this Vehicle, this contract or any resulting transaction of relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (Clayton Decl., Ex. A.)

Plaintiff does not dispute that he signed the RISC when he purchased the Subject Vehicle.

Plaintiff signed and acknowledged the following notice of the arbitration provision: “Agreement to Arbitrate. By signing below, you agree that pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement to arbitrate.” (Ibid.)

The RISC further drew the arbitration provision to Plaintiff’s attention through the following disclaimer: “. . . YOU ACKNOWLEDGE THAT YOU HAVE READ BOTH SIDES OF THIS CONTRACT, INCLUDNG THE ARBITRATION PROVISION ABOVE, BEFORE SIGNING BELOW.” (Ibid.)

Plaintiff’s signature on these sections of the RISC indicates express assent to the arbitration provision. (See Mendoza v. Trans Valley Transport (2022) 75 Cal.App.5th 748, 777 [“ ‘ “A party’s acceptance of an agreement to arbitrate may be express, as where a party signs the agreement.” ’ ”].)

Plaintiff argues Dealership has failed to properly authenticate the RISC and thus fails to meet its burden of proving the existence of a valid agreement to arbitrate.

“The moving party ‘can meet its initial burden by attaching to the [motion or] petition a copy of the arbitration agreement purporting to bear the [opposing party’s] signature. Alternatively, the moving party can meet is burden by setting forth the agreement’s provisions in the motion.’ ” (Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165, internal citations and quotations omitted.)

Here, Dealership attached a copy of the RISC signed by Plaintiff as Exhibit A to the Declaration of Trina Clayton. Dealership has also set forth the terms of the Arbitration Provision in the motion itself. (Mtn. to Compel Arbitration at pp. 2:25-4:12.)

In any event, “[f]or purposes of a petition to compel arbitration, it is not necessary to follow the normal procedures of authentication.” (Gamboa, supra, 72 Cal.App.5th at pp. 165-166.)

Dealership has shown a valid agreement to arbitrate.

The Scope of the Arbitration Agreement Covers Plaintiff’s Claims

Here, the arbitration provision broadly applies to “any claim or dispute, whether in contract, tort, statute, or otherwise . . which arises out of or relates to your . . . purchase or condition of this vehicle, this contract or any resulting transaction or relationship . . . .”” (Clayton Decl., Ex. A.)

Plaintiff’s sole cause of action against Dealership is a tort action for negligent repair. Plaintiff and Dealership are the parties to the transaction. Plaintiff’s action relates to the condition of the vehicle, namely the condition of the vehicle following repair by Dealership.

That the allegedly negligent repair occurred after the parties signed the RISC is ultimately irrelevant because the arbitration provision states it applies to both “this contract” and “any resulting transaction or relationship” between the parties.

Plaintiff’s claim against Dealership is covered by the arbitration provision.

Plaintiff relies on Ford Motor Warranty Cases (2025) 17 Cal.5th 1122 to argue “warranty performance is not arbitrable through the form Sales Contract proffered by [Dealership].” (Opposition at p. 2:8-10.)

That opinion is distinguishable. Ford Motor Warranty Cases involved an attempt by an automobile manufacturer to compel arbitration based on a sales contract between a buyer and a dealership to which the manufacturer was not a party. The Supreme Court rejected the manufacturer’s attempt to compel arbitration on a third party equitable estoppel theory. (Id. at p. 1126.)

By contrast, here the entity petitioning to compel arbitration is a party to the contract containing the arbitration provision. The RISC is an agreement Plaintiff entered into with Dealership. As the dealership and a party to the agreement, Dealership may compel arbitration of Plaintiff’s claims.

The court does not reach Dealership’s arguments about lack of waiver and lack of unconscionability. Plaintiff forfeited any argument about waiver and unconscionability by not addressing Dealership’s arguments on those points.

This Action is Stayed in its Entirety

Dealership requests a stay of the entire action. As Dealership notes, Plaintiff has sued two entities, Ford Motor Company and Dealership, for different causes of action.

Dealership argues “[p]roceeding against both defendants in separate forums carries an extremely high risk of rendering inconsistent rulings and rendering arbitration as to [Dealership] ineffective.” (Reply at p. 8:22-23.)

Plaintiff has not offered any arguments opposing a stay to the entire action.

A stay of these proceedings is proper under Code of Civil Procedure § 1281.4 and 9 U.S.C. § 3. The court STAYS this action in its entirety pending the outcome of arbitration.

DISPOSITION

The Motion to Compel Arbitration is GRANTED. This action is STAYED in its entirety pending the outcome of arbitration.

The court will prepare the order.