Marine Martirosyan v. BMW Financial Services NA, LLC

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff alleges that, on November 15, 2019, she entered into a Lease Agreement with McKenna Motors Torrance, Inc. for a 2020 BMW 330i NA (“the Subject Vehicle”). The Lease was assigned to BMW FS which administered and serviced the Lease after the assignment. On or about January 23, 2022, the Subject Vehicle was involved in an accident and American Family Connect Property and Casualty Insurance Company (“American Family”), Plaintiff’s insurance carrier, declared the Subject Vehicle to be a total loss. American Family subsequently determined that the total loss amount was $41,957.97, which was $13,687.98 more than the Adjusted Lease Balance due under the Lease Agreement. Plaintiff alleges that BMW FS fraudulently collected the full total loss amount from American Family, and that, instead Plaintiff was entitled to recover the “equity” (i.e., the difference between the total loss amount and the Adjusted Lease Balance) under the terms of the Lease Agreement. On May 2, 2024, Plaintiff filed a Complaint against BMW FS and McKenna Motors Torrance, Inc. in Los Angeles County Superior Court, alleging the following claims for relief: (1) fraud and…