On June 01, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Chairez, Javier,
and
Does 1 Through 10,
Nissan North America Inc,
Nissan North America, Inc.,
Nissan Of Fontana Inc.,,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
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S%%EURIORFC(QUI§T§F aLIFORNiA
WILSON TURNER KOSMO LLP
ROBERT A. SHIELDS (206042) ”SAéqEESSASéAD'TNgggqsfififio
JAMES P. LEONARD II (255575)
402 West Broadway, Suite 1600 NOV 2 I 2022
San Diego, California 92101
Telephone: (619) 236-9600
Facsimile: (619) 236-9669 BY flw, g,
Email: rshields@wilsonturnerkosmo.com ARADELS, Rm) DEPUTY
' '
Email: jleonard@wilsontumerkosmo.com
Email: warrantyeservice@wilsonturnerkosmo.com
Attorneys for Defendant
WOONQ
NIS SAN NORTH AMERICA, INC. (erroneously
sued herein as a corporation)
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
10 COUNTY OF SAN BERNARDINO
11
12 JAVIER CHAIREZ, an individual, Case No. CIVSB2210983
13 Plaintiff, REQUEST FOR JUDICIAL NOTICE
IN SUPPORT OF DEFENDANT
14 V. NISSAN NORTH AMERICA, INC.’S
MOTION TO COMPEL
15 NISSAN NORTH AMERICA, INC., a ARBITRATION AND STAY
corporation, NISSAN OF FONTANA INC., PROCEEDINGS
16 d/b/a METRO NISSAN OF REDLANDS, a
California corporation and DOES 1 through 10, Complaint Filed: June 1, 2022
17 inclusive,
Date: January 30, 2023
18 Defendants. Time: 8:30 am.
Dept: $22
19 Judge: Hon. Bryan Foster
Trial Date: Not set
20
21 PLEASE TAKE NOTICE that, in connection with its concurrently filed Motion to Compel
22 Arbitration and Stay Proceedings, Defendant Nissan North America, Inc., hereby requests that the
23 Court take judicial notice pursuant to California Evidence Code Sections 452 and 453 0f the
24 following court records in support of its Motion to Compel Arbitration and Stay Proceedings:
25 1. Complaintfor Damages, filed in San Bemardino County Superior Coufl by Plaintiff
26 Javier Chairez on June 10, 2022, in the matter of Chairez v. Nissan North America, Inc. (Case No.
27 CIVSB2210983), a true and correct copy of which is attached to this request as Exhibit A.
28
1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT NISSAN NORTH AMERICA, INC.’S
MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS
2. Notice ofEntry ofDismissal and ProofofService, filed in Sacramento Superior Court
Plaintiffs Dina C. Felisilda and Pastor O. Felisilda on February 11, 2016 in the matter 0f Dina C.
by
Felisida, et al, v. FCA US LLC, et al. (34-2015-00183668), a true and correct copy of which is
attached t0 this request as Exhibit B.
The item requested to be noticed attached to this request as Exhibit A is relevant to the
underlying motion in that it demonstrates the relationship between the claims at issue and the
arbitration provision that it is the subject 0f this motion.
The item requested to be noticed attached to this request as Exhibit B is relevant t0 the
underlying motion in that it demonstrates the controlling nature ofFelisilda v. FCA US LLC (2020)
10 53 Cal.App.5th 486 over this motion.
11
12 Dated: November 2 1 2022
.
WILSON TURNER KOSMO LLP
13 x7
14
51W
15 By:
Robert A. Shields
16 James Leonard II
P.
Attorneys for Defendant
17 NISSAN NORTH AMERICA. INC.
18
19
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24
25
26
27
28
2
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT NISSAN NORTH AMERICA, TNC.’S
MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS
Document Filed Date
November 21, 2022
Case Filing Date
June 01, 2022
Category
Breach of Contract/Warranty Unlimited
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\r \a S%%EURIORFC(QUI§T§F aLIFORNiA WILSON TURNER KOSMO LLP ROBERT A. SHIELDS (206042) ”SAéqEESSASéAD'TNgggqsfififio JAMES P. LEONARD II (255575) 402 West Broadway, Suite 1600 NOV 2 I 2022 San Diego, California 92101 Telephone: (619) 236-9600 Facsimile: (619) 236-9669 BY flw, g, Email: rshields@wilsonturnerkosmo.com ARADELS, Rm) DEPUTY ' ' Email: jleonard@wilsontumerkosmo.com Email: warrantyeservice@wilsonturnerkosmo.com Attorneys for Defendant WOONQ NIS SAN NORTH AMERICA, INC. (erroneously sued herein as a corporation) SUPERIOR COURT 0F THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO 11 12 JAVIER CHAIREZ, an individual, Case No. CIVSB2210983 13 Plaintiff, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT 14 V. NISSAN NORTH AMERICA, INC.’S MOTION TO COMPEL 15 NISSAN NORTH AMERICA, INC., a ARBITRATION AND STAY corporation, NISSAN OF FONTANA INC., PROCEEDINGS 16 d/b/a METRO NISSAN OF REDLANDS, a California corporation and DOES 1 through 10, Complaint Filed: June 1, 2022 17 inclusive, Date: January 30, 2023 18 Defendants. Time: 8:30 am. Dept: $22 19 Judge: Hon. Bryan Foster Trial Date: Not set 20 21 PLEASE TAKE NOTICE that, in connection with its concurrently filed Motion to Compel 22 Arbitration and Stay Proceedings, Defendant Nissan North America, Inc., hereby requests that the 23 Court take judicial notice pursuant to California Evidence Code Sections 452 and 453 0f the 24 following court records in support of its Motion to Compel Arbitration and Stay Proceedings: 25 1. Complaintfor Damages, filed in San Bemardino County Superior Coufl by Plaintiff 26 Javier Chairez on June 10, 2022, in the matter of Chairez v. Nissan North America, Inc. (Case No. 27 CIVSB2210983), a true and correct copy of which is attached to this request as Exhibit A. 28 1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT NISSAN NORTH AMERICA, INC.’S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS 2. Notice ofEntry ofDismissal and ProofofService, filed in Sacramento Superior Court Plaintiffs Dina C. Felisilda and Pastor O. Felisilda on February 11, 2016 in the matter 0f Dina C. by Felisida, et al, v. FCA US LLC, et al. (34-2015-00183668), a true and correct copy of which is attached t0 this request as Exhibit B. The item requested to be noticed attached to this request as Exhibit A is relevant to the underlying motion in that it demonstrates the relationship between the claims at issue and the arbitration provision that it is the subject 0f this motion. The item requested to be noticed attached to this request as Exhibit B is relevant t0 the underlying motion in that it demonstrates the controlling nature ofFelisilda v. FCA US LLC (2020) 10 53 Cal.App.5th 486 over this motion. 11 12 Dated: November 2 1 2022 . WILSON TURNER KOSMO LLP 13 x7 14 51W 15 By: Robert A. Shields 16 James Leonard II P. Attorneys for Defendant 17 NISSAN NORTH AMERICA. INC. 18 19 20 21 22 23 24 25 26 27 28 2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT NISSAN NORTH AMERICA, TNC.’S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS