Motion to be Relieved as Attorney of Record for Plaintiff
13. Cerda v. Robledo, et al, Case No. CIVSB2428710 Motion to be Relieved as Attorney of Record for Plaintiff 6/23/26, 9:00 a.m., S-17 The Court would CONTINUE or seek in camera discussion of the facts in support.
Here, attorney Tymkowicz seeks to be relieved as counsel for Plaintiff. The declaration submitted in support only indicates that no information can be provided without breach of the duty of confidentiality. While the Court is cognizant of the protections related to attorney-client relationship, the Court will need some sort of averment establishing good cause pursuant to rule 1.16(b) of the Rules of Court. As currently worded, the submitted declaration is insufficient.
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15. Maluto v. Mercedes-Benz USA, LLC, Case No. CIVSB2606111 Defendant Mercedes-Benz’s Motion to Compel Arbitration 6/23/26, 9:00 a.m., S-17 Tentative Rulings As to Requests for Judicial Notice: The Court would DENY Plaintiff’s requests as to Exhibits 1-3, as unnecessary.
As to Objections: The Court would OVERRULE Plaintiff’s evidentiary objections numbers 1-2.
As to the Motion: The Court would GRANT and stay all proceedings pending arbitration.
Case Summary This is a lemon law case. The Complaint alleges that on September 23, 2023, Plaintiff leased the subject vehicle with a warranty from the Defendant. The vehicle developed defects in its electrical, seating, and other systems. Although it was taken for repairs, it was not conformed to its warranty, and Plaintiff filed suit on February 24, 2026, alleging (1) violation of Song- Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of mplied Warranty; and (3) negligent repair.
Statement of the Law Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move to compel arbitration if another party to the agreement refuses to arbitrate, and the court shall order the parties to arbitrate if it determines an agreement to arbitrate exists, unless it determines (a) the right to compel has been waived by the petitioner; (b) grounds exist for revocation of the agreement; or (c) a party to the agreement is also a party to a pending court action or special proceeding, arising out of the same transaction or related transaction, and 2
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