On October 29, 2019 a
Complaint,Petition
was filed
involving a dispute between
Lopez, Victor,
and
Does 1 Through 10,
Fca Us, Llc,
Jeep Chrysler Dodge Ram Fiat Of Ontario,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
’o
El Ectronically Filedby S- “ariorCourt of California, County of Orangr ”3/10/2020 02:42:00 PM.
30-201 9-01 10E ZOO-CU-BC-CJC -
RV 67 -DAVID H. YAMASAKI, Clerk of theburt By Julie Carney, Deputy Clerk.
Nut Signed. Refer tn
SPENCERP. HUGRET (SBN: 240424) 5;;3Jrgflgn minute "mgr
shuget@ gsmcom
THOMAS WALSH (SBN: 3 862)
1 1
twalsh@ gsmcom
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 941 1 1
Telephone: (41 5) 875-3 193
Facsimile: (415) 986-8054 .
"
Attorneys for Defendant
CW
-
FCAUSLLC
\OOONONUI-P
SB 21 12805 .
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
‘ ‘
10 VICTOR LOPEZ, ) Case No. »:
>
LLP
2000
94111
11
12 VS.
Plaintiff
)
)
)
)
[m
'QC'
DEFENDANTS’
COMPEL ARBITRATION
,
ORDER GRANTING
PETITION TO
AND
Mansukhani,
Sulte
13 FCA US LLC; JEEP CHRYSLER DODGE STAY ACTION .
CA RAM FIAT OF ONTARIO, and DO ES 1
g
14 through 10’ mCIuSIVe )
Street,
Date: June 23, 2020
)
ScullyFrancisco,
15
Time: 1 :30 p.m
Defendants.
Dept. Cl9
Battery g
Rees
16
San RESERVATION N0.: 73241752
275
g
17 )
Gordon
Complaint Filed: October 29, 2019
18
Trial Date: None set
g
19 The Petition to Compel Arbitration and Stay Action ofDefendants came on for hearing in
20 Department C19 of this Court on June 23, 2020 at 1:30 p.m Appearances of counsel are as
21 noted in the record.
22 Based on the hearing, the pleadings submitted for and in opposition thereto, and the
23 argument presented, the petition is granted.
24 IT IS SO ORDERED.
25
Dated: March 10, 2020
26
JUDGE OF THE SUPERIOR COURT
27
28
-1-
[PROPOSED] ORDER GRANTING DEFENDANTS ’
PETITION TO COMPEL
ARBITRATION AND STAY ACTION
PROOF OF SERVICE
Victor Lopez v. FCA US LLC, et a1.
Orange County Swerior Court Case N0. 30-201 9-01 108200-CU-BC—CJC
I am a resident ofthe State ofCalifornia, over the age ofeighteen years, and not a party
t0 the within action Mybusiness address is: Gordon Rees Scully Mansukhani,
A LLP, 275 Battery
Street, Suite 2000, San Francisco, CA 941 1 1. On the date below, I served the within documents:
[PROPOSED] ORDER GRANTING DEFENDANT FCA US LLC’S PETITION TO
COMPEL ARBITRATION
\IONUI
AND STAY ACTION
D by transmitting Via ficsimile the document(s)
forth below on this date before 5 :00 p.m.
listed above t0 the fax number(s) set
by transmitting VIA ELEC TRONIC MAIL the document(s) listed above t0 the email
address(es) set forth below on this date before 5 :00 p.m. (Per agreement 0fthe
parties.)
10 DUE by having Nationwide PERSONALLY DELIVER the document(s) listed above t0 the
person(s) at the address(es) set forth below.
11
LLP
by placing the document(s) listed above in a sealed envelope with po stage thereon
fillly prepaid, in United States mail in the State ofCalifornia at San Francisco,
12
2000
addressed as set forth below.
94111
Mansukhani,
Sulte
CA
13
E by placing a
fiJr collection
true copy thereof enclosed in a sealed envelope, at a station designated
and processing of envelopes and packages for overnight deliveryby
Street,
14 FEDEX as part ofthe ordinary business practices of Gordon Rees Scully Mansukhani,
LLP described below, addressed as follows:
ScullyFrancisco,
15
Battery
Tionna Dolin
Rees
16
San STRATEGIC LEGAL PRAC'HC ES, APC
275 1840 Century Park East, Suite 430
17
Gordon
[0s Angeles, CA 90067
Tel: (3 10) 929-4900
18
Fax: (310) 943-3838
Email: tdolin@smattorney.com
19
Attorneyfor Plaintiffs
20
Iam readily familiar with the firm’s practice ofcollection and processing correspondence
21 for mailing. Under that practice it would be deposited with the U.S. Postal
Service on that same
day with postage thereon fully prepaid in the ordinary course ofbusiness. I am aware that 0n
22 motion of the party served, service is presumed invalid ifpostal cancellation date or postage
meter date is more than one day afler the date ofdeposit for mailing
in affidavit.
23
I declare under penalty ofpteury under the laws ofthe State ofCalifornia that the above
24 is true and correct.
25
Executed on March 10, 2020 at San Francisco, California.
26
27
Christine Nusser
28
1200639/50427574v.
l
-2-
[PROPOSED] ORDER GRANTING DEFENDANTS ’
PETITION TO COMPEL
ARBITRATION AND STAY ACTION
Document Filed Date
March 10, 2020
Case Filing Date
October 29, 2019
Category
Breach of Contract/Warranty Unlimited
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’o El Ectronically Filedby S- “ariorCourt of California, County of Orangr ”3/10/2020 02:42:00 PM. 30-201 9-01 10E ZOO-CU-BC-CJC - RV 67 -DAVID H. YAMASAKI, Clerk of theburt By Julie Carney, Deputy Clerk. Nut Signed. Refer tn SPENCERP. HUGRET (SBN: 240424) 5;;3Jrgflgn minute "mgr shuget@ gsmcom THOMAS WALSH (SBN: 3 862) 1 1 twalsh@ gsmcom GORDON REES SCULLY MANSUKHANI, LLP 275 Battery Street, Suite 2000 San Francisco, CA 941 1 1 Telephone: (41 5) 875-3 193 Facsimile: (415) 986-8054 . " Attorneys for Defendant CW - FCAUSLLC \OOONONUI-P SB 21 12805 . SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE ‘ ‘ 10 VICTOR LOPEZ, ) Case No. »: > LLP 2000 94111 11 12 VS. Plaintiff ) ) ) ) [m 'QC' DEFENDANTS’ COMPEL ARBITRATION , ORDER GRANTING PETITION TO AND Mansukhani, Sulte 13 FCA US LLC; JEEP CHRYSLER DODGE STAY ACTION . CA RAM FIAT OF ONTARIO, and DO ES 1 g 14 through 10’ mCIuSIVe ) Street, Date: June 23, 2020 ) ScullyFrancisco, 15 Time: 1 :30 p.m Defendants. Dept. Cl9 Battery g Rees 16 San RESERVATION N0.: 73241752 275 g 17 ) Gordon Complaint Filed: October 29, 2019 18 Trial Date: None set g 19 The Petition to Compel Arbitration and Stay Action ofDefendants came on for hearing in 20 Department C19 of this Court on June 23, 2020 at 1:30 p.m Appearances of counsel are as 21 noted in the record. 22 Based on the hearing, the pleadings submitted for and in opposition thereto, and the 23 argument presented, the petition is granted. 24 IT IS SO ORDERED. 25 Dated: March 10, 2020 26 JUDGE OF THE SUPERIOR COURT 27 28 -1- [PROPOSED] ORDER GRANTING DEFENDANTS ’ PETITION TO COMPEL ARBITRATION AND STAY ACTION PROOF OF SERVICE Victor Lopez v. FCA US LLC, et a1. Orange County Swerior Court Case N0. 30-201 9-01 108200-CU-BC—CJC I am a resident ofthe State ofCalifornia, over the age ofeighteen years, and not a party t0 the within action Mybusiness address is: Gordon Rees Scully Mansukhani, A LLP, 275 Battery Street, Suite 2000, San Francisco, CA 941 1 1. On the date below, I served the within documents: [PROPOSED] ORDER GRANTING DEFENDANT FCA US LLC’S PETITION TO COMPEL ARBITRATION \IONUI AND STAY ACTION D by transmitting Via ficsimile the document(s) forth below on this date before 5 :00 p.m. listed above t0 the fax number(s) set by transmitting VIA ELEC TRONIC MAIL the document(s) listed above t0 the email address(es) set forth below on this date before 5 :00 p.m. (Per agreement 0fthe parties.) 10 DUE by having Nationwide PERSONALLY DELIVER the document(s) listed above t0 the person(s) at the address(es) set forth below. 11 LLP by placing the document(s) listed above in a sealed envelope with po stage thereon fillly prepaid, in United States mail in the State ofCalifornia at San Francisco, 12 2000 addressed as set forth below. 94111 Mansukhani, Sulte CA 13 E by placing a fiJr collection true copy thereof enclosed in a sealed envelope, at a station designated and processing of envelopes and packages for overnight deliveryby Street, 14 FEDEX as part ofthe ordinary business practices of Gordon Rees Scully Mansukhani, LLP described below, addressed as follows: ScullyFrancisco, 15 Battery Tionna Dolin Rees 16 San STRATEGIC LEGAL PRAC'HC ES, APC 275 1840 Century Park East, Suite 430 17 Gordon [0s Angeles, CA 90067 Tel: (3 10) 929-4900 18 Fax: (310) 943-3838 Email: tdolin@smattorney.com 19 Attorneyfor Plaintiffs 20 Iam readily familiar with the firm’s practice ofcollection and processing correspondence 21 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course ofbusiness. I am aware that 0n 22 motion of the party served, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day afler the date ofdeposit for mailing in affidavit. 23 I declare under penalty ofpteury under the laws ofthe State ofCalifornia that the above 24 is true and correct. 25 Executed on March 10, 2020 at San Francisco, California. 26 27 Christine Nusser 28 1200639/50427574v. l -2- [PROPOSED] ORDER GRANTING DEFENDANTS ’ PETITION TO COMPEL ARBITRATION AND STAY ACTION