Janssen

BACKGROUND

In September 2015, plaintiff Andrew Janssen was looking for a convertible BMW

to purchase, specifically, a certified pre-owned vehicle (CPO). Looking on the website of

BMW North America, he found the car he wanted, a 2012 BMW 335i convertible, at

BMW of Riverside, and purchased it on November 15, 2015, for $35,000, plus tax and

licensing costs. The vehicle was advertised and sold to Mr. Janssen as a BMW CPO

vehicle, in pristine condition. Before agreeing to purchase the vehicle, Mr. Janssen asked

the BMW of Riverside salesperson if the vehicle had been in any prior accidents or

crashes. The salesperson told Mr. Janssen that the vehicle had not been in any prior

accidents or crashes. Plaintiff received a CPO checklist, indicating that an inspection of

the vehicle showed it met BMW standards to be a CPO vehicle.2 After three weeks of

negotiations, plaintiff subsequently purchased the vehicle, which was delivered to San

Diego.

Mechanically, the vehicle performed well, but after driving the vehicle for more

than a year (17,000-18,000 miles), plaintiff began to look for another car with more trunk

2 The vehicle had been purchased at an online auction conducted…