Jacqueline Phillips-Harris v. BMW of North America, LLC

I. BACKGROUND

On February 11, 2020, Plaintiff commenced this action in Los Angeles County Superior Court. (Notice of Removal (“NoR”) ¶ 1 (Docket No. 1); Complaint (Docket No. 1-1)). The Complaint contains the following allegations: On or about April 15, 2018, Plaintiff leased a 2018 BMW X5 (“Vehicle” or “Subject Vehicle”), which was manufactured, distributed, or sold by BMW. (Complaint ¶ 6). In connection with the purchase, Plaintiff received an express written warranty in which BMW undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in utility or performance for a specified period of time. (Id. ¶ 7). During the warranty period, the Vehicle contained or developed various defects, including problems with the brakes, engine, restraint system, electrical system, powertrain, and air-conditioning. (Id. ¶ 8). Plaintiff has rightfully rejected and/or justifiably revoked acceptance of the Vehicle and has exercised a right to cancel the sale. (Id. ¶ 12). Based in part on the above allegations, Plaintiff asserts six claims for relief against BMW: (1) breach of implied warranty of merchantability, California…