Artem Karapetyan v. BMW Financial Services NA, LLC

I. Background

Plaintiff alleges that, on December 9, 2020, he entered into a lease agreement with for a 2021 BMW M550i (“the Subject Vehicle”). See Notice of Removal, Ex. B (“FAC”), ¶¶ 14–19. The terms of the lease were devised and drafted by Defendant. Id. ¶ 22. On May 3, 2023, the Subject Vehicle was declared a total loss by Plaintiff’s insurance company. Id. ¶¶ 24–25. The insurance company subsequently determined that the total loss amount was $65,831.61, which was $11,926.59 more than the adjusted lease balance of $53,555.02. Id. ¶¶ 26–28. Plaintiff alleges that Defendant collected the full sum of $65,831.61 and refused to remit Plaintiff’s entitled equity sum under the terms of the lease agreement. Id. ¶¶ 27, 30–31. On November 27, 2023, Plaintiff, a California resident, filed this action in Los Angeles County Superior Court against Defendant and Valencia B. Imports, Inc. See Notice of Removal, Dkt. # 1, Ex. A. Defendant is a Delaware Corporation with its principal place of business in New Jersey. See id. ¶ 2. On December 29, 2023, Plaintiff filed a first amended complaint (“FAC”). See FAC. Plaintiff alleged five causes of action: (1) fraud and deceit; (2)…