Rivera
Rivera v. Superior Court
Opinion
Opinion
Filed 9/23/
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
ISAI LOPEZ RIVERA et al., 2d Civil No. B334522 (Super. Ct. No. 56-2022- Plaintiffs and Petitioners, 00568507-CU-BC-VTA) (Ventura County) v.
THE SUPERIOR COURT OF
VENTURA COUNTY,
Respondent;
FORD MOTOR COMPANY,
Real Party in Interest.
Third parties often benefit from a provision in a contract between other parties. But such benefit alone, does not mean a contract was made to benefit third parties. Petitioners Isai Lopez Rivera and Helen Espinosa brought this action under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.), known as the “lemon law,” after repeated attempts to repair their Ford truck failed. They named real party in interest Ford Motor Co. (FMC) and Ford of Ventura, Inc. as defendants. FMC manufactured the truck. Ford of Ventura is the authorized service center that attempted the repairs. Petitioners did not name the selling dealer as a defendant. FMC moved to compel arbitration based on a provision in the sale contract between petitioners and the non-party dealer. The trial court granted the…