Pestarino
Pestarino v. Ford Motor Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ANDREW PESTARINO, Case No. 19-cv-07890-BLF
Plaintiff,
ORDER DENYING DEFENDANT’S
v. MOTION TO COMPEL
ARBITRATION
FORD MOTOR COMPANY, a Delaware Corporation, [Re: ECF 14] 12 Defendant.
14 Defendant Ford Motor Company (“Ford”) moves to compel arbitration of the claims asserted by Plaintiff Andrew Pestarino (“Pestarino”) and stay the action pending arbitration. The Court has considered the briefing, the relevant law, and the oral arguments presented at the hearing on May 21, 2020. The motion is DENIED for the reasons discussed below. I. BACKGROUND Pestarino filed this “lemon law” suit against Ford in the Santa Clara County Superior Court on October 22, 2019. See Compl., ECF 1-4. He filed the operative first amended complaint (“FAC”) on November 25, 2019, asserting two claims under California’s Song Beverly Consumer Warranty Act, Cal. Civ. Code § 1790, et seq.…