Soares
Soares v. Tiffin Motor Homes, Inc.
Opinion
Trial Court Opinion
BACKGROUND
22 On September 8, 2023, Amy Soares (“Plaintiff”) purchased a new 2023 Tiffin Wayfarer 23 25RW, vin number W1X8E33Y1NN206929, from Pan Pacific RV Centers (“Defendant RV 24 Center”) for $210,113.65. (Compl. at ¶¶ 3, 7, ECF No. 1.) Plaintiff signed the Warranty 25 Registration when she purchased the vehicle on September 8, 2023. (Decl. of Celina Tyler 26 1 “A motion to enforce a forum selection clause is treated as a motion to dismiss pursuant to Rule 12(b)(3); pleadings need not be accepted as true, and facts outside the pleadings may be considered.” Doe 1 v. AOL LLC, 552 F.3d 1077, 1081 (9th Cir. 2009). (“Tyler Decl.”) ¶ 3, ECF No. 8-2.) The document signed by Plaintiff states, “By signing this form as Owner of a Tiffin motorhome, I ACKNOWLEDGE THAT I HAVE READ THE TIFFIN LIMITED WARRANTY, INCLUDING THE ARBITRATION AGREEMENT, AND I UNDERSTAND ITS PROVISIONS AND AGREE TO BE BOUND BY ITS TERMS.” (ECF No. 8-2 at 4.) The limited warranty provides: