Bae

Bae v. BMW of North America CA4/3

Good Law
Court of Appeal of CaliforniaAugust 19, 2015G049547California1,314 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

In 2011, Bae purchased a new vehicle from Irvine Eurocars, LLC dba Irvine BMW (Dealership). According to Bae, the Dealership failed to disclose that it had registered the vehicle she purchased seven months earlier as a “service loaner,” and her manufacturer’s warranty began to run at that time. Accordingly, instead of the full four-year warranty the manufacturer provided, Bae only received a manufacturer’s warranty with three years and five months left on it. In April 2013, Bae filed this action against the Dealership, BMW North America, and BMW Bank to challenge this practice. She alleged individual and class claims under the Consumer Legal Remedies Act (Civ. Code, § 1750 et seq.), the unfair competition law (Bus. & Prof. Code, § 17200 et seq.), the Song-Beverly Consumer

2 Warranty Act (Civ. Code, § 1790 et seq.), the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.), and the Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.). Bae alleged BMW North America was liable for the Dealership’s conduct on an agency theory, and BMW Bank was liable as the holder in due course of the retail installment sales contract Bae signed when she purchased the…

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