Novoa

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.

II. BACKGROUND AND DISCUSSION

Petitioner Santos Novoa (plaintiff) filed a complaint against real party and defendant American Honda Motor Co., Inc. (Honda) alleging fraudulent concealment and breach of express

2 and implied warranties under the Song-Beverly Act.1 Plaintiff alleged that Honda knowingly installed defective transmissions in all 2014–2019 Honda Pilot and 2011–2019 Honda Odyssey vehicles. On March 4, 2022, the trial court granted Honda’s motion to compel arbitration based on a “RETAIL INSTALLMENT

SALE CONTRACT – SIMPLE FINANCE CHARGE (WITH

ARBITRATION PROVISION)” (the sales contract) between plaintiff…