Petrosyan

Petrosyan v. BMW of North America CA2/4

Good Law
Court of Appeal of CaliforniaFebruary 27, 2025B327267California5,578 words

Opinion

Opinion

INTRODUCTION

Aram Petrosyan sued BMW North America, LLC (BMW NA) and Finchey Corporation of California, dba Pacific BMW (Pacific BMW). He seeks relief for the defendants’ alleged failure to satisfy their obligations under the Song-Beverly Consumer Warranty Act, Civil Code1 section 1790 et seq. (Song-Beverly Act or the Act), concerning a used BMW convertible in his possession. An authorized BMW dealership originally leased the BMW to a non-party. Less than a year into the lease’s three-year term, however, the non-party lessee assigned his interests under the lease to Petrosyan. BMW NA, joined by Pacific BMW, demurred to Petrosyan’s operative complaint, arguing he lacked standing to sue under the Song-Beverly Act.2 The trial court sustained the demurrer without leave to amend and dismissed the complaint with prejudice. For the reasons discussed below, we affirm.

BACKGROUND

I. Factual Background

On review of an order sustaining a demurrer, “[w]e accept as true all properly pleaded material factual allegations of the complaint and other relevant matters that are properly the subject of judicial notice . . . .” (Glen Oaks Estates Homeowners Assn. v. Re/Max Premier Properties,…

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