Torres

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL ABARY, Case No. 19-cv-00087-JD

Plaintiff,

ORDER RE ARBITRATION AND

v. LIFTING STAY

BMW OF NORTH AMERICA, LLC et al., Re: Dkt. No. 53 Defendants.

12 In January 2019, Michael Abary and two other plaintiffs sued defendant BMW of North America, LLC (“BMW”) for breach of warranty and violation of California consumer protection statutes in connection with BMW vehicles they bought from a dealership in Escondido, California. Dkt. No. 1. Abary is the only plaintiff left in the case. Dkt. Nos. 26, 42. He filed an amended complaint in March 2019, which alleges that his car had engine defects that caused an excessive consumption of motor oil. Dkt. No. 25. The Court denied BMW’s motion to dismiss the amended complaint. Dkt. No. 41. BMW now asks to compel arbitration as a third-party beneficiary of an arbitration clause in a Retail Installment Sale Contract between Abary and the dealership. Dkt. No. 53. As the clause …