Tun

This case arises from the 2011 purchase by plaintiff and appellant Michael Z. Tun (Tun) of a used 2007 BMW automobile (vehicle) from defendant and respondent Plus West LA Corporation, doing business as CA Beemers (CA Beemers). Defendant and appellant Wells Fargo Dealer Services, Inc., an incorporated division of Wells Fargo Bank, N.A. (collectively Wells Fargo), subsequently accepted assignment of Tun’s retail installment sales contract (RISC) under an agreement with CA Beemers and/or defendant and respondent West LA Corporation, doing business as California Beemers (California Beemers) (sometimes collectively dealer).

In his 84-page third amended complaint (TAC), Tun asserted 11 causes of action based primarily on his contention that dealer knowingly and intentionally failed to disclose that the vehicle had suffered “frame/unibody damage” from a prior collision, which damage Tun further alleged ‘“existed at the time it was sold” to him and which “substantially decreased the value of the vehicle.” Tun alleged he first learned the vehicle had been in a prior collision when he took it to a mechanic near his home, after he experienced problems while driving the…