Silvia Galustian v. BMW Financial Services NA, LLC

I. BACKGROUND

A. Factual Background Plaintiff Silvia Galustian (“Galustian”) alleges that, on September 14, 2020, she entered into a lease with Finchey Corporation of California d/b/a Pacific BMW (“Pacific BMW”), a dealership located in Glendale, CA, for a 2020 BMW M4 Coupe (“Subject

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Vehicle”). (First Am. Compl. ¶ 12, Docket No. 31). The terms of the associated lease were devised and drafted by Defendant BMW Financial Services (“BMW FS”). (Id. ¶ 66). On August 22, 2021, the Subject Vehicle was involved in an accident, and Plaintiff’s insurance company, Wawanesa General Insurance Company (“Wawanesa”), deemed the Subject Vehicle a total loss. (Id. ¶¶ 14-15). On August 2, 2023, Wawanesa determined that the insurance payout was $88,815.10, which was $22,610.22 more than the Adjusted Lease Balance due under the Lease Agreement. (Id. ¶¶ 15-17). Plaintiff alleges that BMW FS wrongfully collected the full total loss amount from Wawanesa and failed to remit the alleged “equity” – i.e., the difference between the total loss amount and the Adjusted Lease Balance – that Plaintiff was entitled to recover. (Id. ¶¶ 16-17). B.…