Cianchetta
Cianchetta v. BMW of North America, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PETER L. CIANCHETTA, and RUBINA No. 2:20-cv-00241-KJM-EFB
T. CIANCHETTA,
12 Plaintiffs, ORDER v. 14 BMW OF NORTH AMERICA, LLC; and NIELLO BAVARIAN AUTOMOBILES,
INC.,
16 Defendants.
18 Defendant BMW of North America, LLC (“BMW NA”) moves to stay this action and compel arbitration. Mot., ECF No. 8. Plaintiffs Peter Cianchetta and Rubina Cianchetta oppose. Opp’n, ECF No. 10. BMW NA replied. Reply, ECF No. 11. The court heard oral argument on the motion on August 14, 2020 by video teleconferencing. Rene Dupart appeared for plaintiffs; Mark Allen appeared for defendants. Having considered the argument at hearing, the moving papers, and the applicable law, the court DENIES the motion. I. BACKGROUND This case arises from plaintiffs’ purchase of a new 2015 BMW X5 35I (“the car” or “the vehicle”) on October 18, 2014 from defendant Niello Bavarian Automobiles, Inc. (“Niello”). Compl., ECF No. 1–1, ¶ 17. BMW NA provided…