Kim Ngo v. Bmw of North America, LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KIM NGO, No. 20-56027 Plaintiff-Appellant, D.C. No. v. 2:20-cv-06197-

MWF-GJS

BMW OF NORTH AMERICA, LLC;

BMW AKTIENGESELLSCHAFT; DOES,

1 THROUGH 10, INCLUSIVE, OPINION Defendants-Appellees.

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

Filed January 12, 2022

Before: Kim McLane Wardlaw, Barrington D. Parker, * and Andrew D. Hurwitz, Circuit Judges.

Opinion by Judge Parker

* The Honorable Barrington D. Parker, United States Circuit Judge for the Second Circuit, sitting by designation. SUMMARY **

Arbitration

The panel reversed the district court's order compelling arbitration in an action brought by Kim Ngo, a purchaser of a BMW, alleging breach of warranty.

Because the dealership financed Ngo’s purchase, they entered into a purchase agreement, which contained an arbitration clause. As a result of alleged defects with the car, Ngo…