Tesla Ignoring Arbitration Request (ca) - 3 High-voltage Battery Failures At 42k Miles. Next Steps?
Hi all! Looking for guidance on how to move forward with this. My car has had 3 High Voltage battery failures in the last 2 years, and is only at 40k miles.
Location: California
Background: 2022 Tesla Model Y with ~42,000 miles. It has had three high-voltage battery failures already. Vehicle was purchased new and is still under warranty. After the second failure, I filed for arbitration per the dispute clause in Tesla’s contract (California). That was back in January & I never did receive a response. Fast forward to now, it just had its 3rd HV battery failure!
Timeline:
• Filed arbitration request with Tesla (per contract terms). • 60 days passed with no response. • Sent a formal follow-up email offering a 10-business-day grace period. • That additional time has now passed, still no reply from Tesla. What I understand so far:
• Tesla’s contract requires arbitration if elected. • Their failure to respond may be considered a waiver of arbitration rights through unreasonable delay. • I can potentially: • File a petition to compel arbitration in CA Superior Court, OR • Move forward with a California Lemon Law case (Song-Beverly), since they have not engaged in arbitration. ** The issue here is my father initially purchased the vehicle, then transferred ownership to me. So I am worried it would not qualify, but looking at Rodriguez vs. FCA - it seems a little bit different from the pretext.
Questions I have:
• Has anyone dealt with Tesla ignoring arbitration requests? • Did you end up filing to compel arbitration, or did you go straight to lemon law litigation? • Is there any downside to directly filing a lemon law claim if they did not respond to the arbitration request? • Any recommended steps before filing suit (e.g., consumer agency complaints, CCP § 1281.2 petition first)? • Bonus: If you’ve worked with a good California EV lemon law attorney, referrals appreciated. Not asking for representation here, just looking for process guidance from people who’ve been through this or know the legal procedure when a company ignores its own arbitration clause.
Thank you in advance for taking the time to read this & any contributions you have!
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