Natalie Rosas v. BMW of North America, LLC
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiff’s Complaint (“Compl.”), Notice of Removal (Dkt. 1), Ex. A at 6. This action relates to Plaintiff’s vehicle, which she purchased “from BMW of El Cajon, located in El Cajon, California.” Compl. ¶ 4. Plaintiff alleges that “[t]he subject vehicle has suffered from nonconformity(s) to warranty,” id. ¶ 8, and she brings her claim under the Song-Beverly Consumer Warranty Act (the “Act”), id. ¶ 4. Defendant BMW of North America, LLC, (“Defendant” or
CIVIL MINUTES – GENERAL
Case No. SA CV 19-02445-DOC-KES Date: March 6, 2020 Page
“BMW NA”) “manufactures, assembles, or produces consumer goods,” and BMW NA “issued an ‘express warranty’ to Plaintiff,” which “was an integral factor in [her] decision to purchase the subject vehicle.” Id. ¶ 6–7.
B. Procedural History Plaintiff originally filed suit in Orange County Superior Court, case number 30- 2019-01108222-CU-BC-CJC, on October 29, 2019. Mot at 2. On December 17, 2019, Defendant filed a Notice of Removal (Dkt. 1), based on diversity of citizenship under 28 U.S.C. § 1332. Plaintiff filed the instant Motion (Dkt. 12) on January 16, 2020.…