California Appellate Tracker

Kielar v. Superior Court (2023) 94 Cal.App.5th 614

October 21, 2023

Agreeing with Montemayor v. Ford Motor Co. (2023) 92 Cal.App.5th 958 and other recent cases refusing to follow Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, this decision holds that a standard California car sale contract with an arbitration clause does not require the car buyer to arbitrate his warranty claims or Song Beverly Act claims against the car’s manufacturer. Those claims are based on statute, not the car sale contract, and so are not intertwined with the sale contract. And the car buyer is not equitably estopped since his claims do not rely on the car sale contract.

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Kielar v. Superior Court (2023) 94 Cal.App.5th 614

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