Kenneth Wong v. Bobs Discount Furniture, LLC

Good Law
United States District Court, Central District of CaliforniaDecember 27, 20222:22-cv-04220California3,258 words

Opinion

Trial Court Opinion

I. BACKGROUND

BDF is one of the fastest growing furniture chains in the nation. Dkt. 1 (Compl.) ¶ 56. BDF markets, promotes, and sells furniture with added protection plans known as “Goof Proof.” Id. ¶ 1. BDF describes “Goof Proof” as a service contract and “the best way to protect your investment from a wide variety of accidents for 5 years.” Id. ¶ 2-3. Wong alleges that the plan does not protect the furniture customer’s purchase and is riddled with exclusions that are disclosed to purchasers only after they purchase the plan and receive the full agreement by mail or email. Id. ¶¶ 11-14. Case 2:22-cv-04220-DSF-JEM Document Filed 12/27/ Page 2 of Page ID #:190

Wong alleges that the plan excludes coverage for customer misuse – even if unintentional, unexpected, or unforeseen – and even if it is considered “general wear & tear.” Id. ¶ 8, 10. BDF also classifies rips, tears, breaks, and punctures as defects that are also excluded. Id. ¶18. The most common reason BDF denies claims is because the claimant cannot identify the specific event that caused the damage. Id. ¶15. In such cases, the denial is categorized as customer misuse or wear and tear. Id.…

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