Mikayel Vardanyan v. BMW Financial Services NA, LLC
Opinion
Trial Court Opinion
I. Background
Plaintiff Mikayel Vardanyan leased a 2020 BMW M340I (the “Vehicle”) from Defendants BMW Financial Services NA, LLC (“BMW”) and Shelly Automotive, LLC (“Shelly”). Complaint (“Compl.”) (Dkt. 1-1) at 1. Plaintiff alleges that Defendants induced them to enter into a lease. Id. The lease stated that in the event of a total loss, Defendants could collect the insurance payment. Id. Defendants assured Plaintiff that the financial obligation in the lease would not “exceed the down payment, monthly payments, and the lease end fee.” Id. Based on this assurance, Plaintiff believed they could purchase the Vehicle at any time for the remaining balance on the lease account, and also keep any value above that balance as equity. Id. The Vehicle was deemed a total
CIVIL MINUTES – GENERAL
Case No. 8:24-cv-01429-DOC-RAOx Date: June 28, 2024
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loss, and the insurance company issued payments to Defendants. Id. Defendants did not remit Plaintiff’s equity. Id. Plaintiff sued Defendants in Orange County Superior Court, alleging one violation of contract common law, two violations of Business & Professions Code § 17200, et seq., and one violation of the California…