Novoa v. Superior Court CA2/5

Filed 5/28/24 Novoa v. Superior Court CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

SANTOS NOVOA, B333392 (Los Angeles County Petitioner, Super. Ct. No. 20STCV40733) v.

SUPERIOR COURT OF CALIFORNIA, LOS ANGELES COUNTY,

Respondent;

AMERICAN HONDA MOTOR CO., INC.,

Real Party in Interest.

ORIGINAL PROCEEDING; petition for writ of mandate. Superior Court of Los Angeles County, Thomas D. Long, Judge. Petition denied.

Knight Law Group, Roger Kirnos and Jeffrey Mukai, for Petitioner Santos Novoa. No appearance for Respondent. Horvitz & Levy, Lisa Perrochet, John A. Taylor, Jr.; SJL Law, Julian G. Senior, and Alexander A. Alarcon for Real Party in Interest American Honda Motor Co., Inc.

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I. INTRODUCTION

Recently, several courts of appeal have held a car manufacturer may not enforce the arbitration provision contained in a retail sales installment contract between a car buyer and the car dealership. In this petition for writ of mandate, petitioner challenges the trial court’s refusal to apply this recent case law on a motion to reconsider an order compelling arbitration of his claims against a car manufacturer. We deny the petition because petitioner has an adequate remedy by way of appeal in the event an arbitration award, if any, is confirmed.