Nida Daymia v. BMW Financial Services NA, LLC
Opinion
Trial Court Opinion
I. Background
Plaintiff leased a BMW from Irvine BMW. Plaintiff’s Complaint for Damages (“Complaint” or “Compl.”)(Dkt. 12 Ex. 1). Plaintiff alleges that during the lease of the 2021 BMW Defendants defrauded Plaintiff by inducing her to enter into the Motion Vehicle Lease. Id. Plaintiff states that the Lease included a term regarding the event of a total loss that entitles Defendants to collect certain sums of money. Id. The 2021 BMW was then involved in an accident and deemed a total loss, upon which Defendant claimed that they had to collect insurance proceeds including a portion which Plaintiff alleges
CIVIL MINUTES – GENERAL
Case No. 8:24-CV-01406-DOC Date: September 30, 2024
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exceeded Plaintiff’s obligation under the lease. Id. Plaintiff alleges their actual damages are $17,932.59. Compl. ¶ 25. After Plaintiff filed their Complaint, Defendant filed a Notice of Removal (“Not.”)(Dkt. 1) on June 24, 2024. After Judge Selna dismissed the first cause of action, fraud and deceit, on July 23, 2024 (Dkt. 13), this matter was transferred to this Court. Plaintiff filed a Motion to Remand (“Motion” or “Mot.”)(Dkt. 23) on September 13, 2024. Defendant…