Gagik Nazaryan v. BMW of North America, LLC

I. Background

Plaintiff originally filed his Complaint against Defendant" in Los Angeles County Superior Court, Case No. 22STCV27657, on August 24, 2022, alleging two causes of action: (1) violation of the Song-Beverly Consumer Warranty Act, citing California Civil Code §§ 1793 and 1793.2; and (2) breach of implied warranties under the Song-Beverly Consumer Warranty Act, citing California Civil Code § 1791.1. (Docket No. 2-1.) Plaintiff alleges that, on or about December 14, 2020, he purchased a BMW vehicle (“Vehicle”) from a dealership in Glendale, CA, and that purchase included Defendant’s “express warranty.” (Id. 7-8.) Plaintiff further alleges that the Vehicle had a defective convertible top that constituted a non-conformity under the Song-Beverly Consumer Warranty Act and Defendant failed to “correct, repair, replace or otherwise rectify, and agree to correct, repair, replace, or otherwise rectify” the nonconformity “within a reasonable time.” (Id. [9] 18-20.) Defendant removed the action to this Court on September 26, 2022 based on diversity of citizenship. (Docket No. 2.) Defendant asserts that it is a citizen of Delaware and New Jersey because its sole…