Jacqueline Phillips-Harris v. Bmw of North America, LLC

FILED

NOT FOR PUBLICATION

JAN 7 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JACQUELINE PHILLIPS-HARRIS, No. 20-55612

Plaintiff-Appellant, D.C. No. 2:20-cv-02466-MWF-AGR v.

MEMORANDUM*

BMW OF NORTH AMERICA, LLC,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Argued and Submitted November 16, 2021 Pasadena, California

Before: WARDLAW, PARKER,** and HURWITZ, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Barrington D. Parker, United States Circuit Judge for the Second Circuit, sitting by designation. 1 In April 2018, Jacqueline Phillips-Harris entered a lease agreement with

Long Beach BMW-Mini (the “Dealership”) to lease a 2018 BMW X5. The lease

agreement contained an arbitration clause stating: “Either you or I may choose to

have any dispute between us decided by arbitration and not in a court by jury

trial.”1 It also states: “Any Claim shall, at…