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 2
“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.…