Guan

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 QI LING GUAN, Case No. 20-cv-05025-MMC

Plaintiff, ORDER DENYING DEFENDANT'S v. MOTION TO COMPEL ARBITRATION

AND STAY ALL PROCEEDINGS

BMW OF NORTH AMERICA, LLC,

Defendant.

12 Before the Court is defendant BMW of North America, LLC’s (“BMW”) “Motion to Compel Arbitration and Stay All Proceedings,” filed October 28, 2020. Plaintiff Qi Ling Guan (“Guan”) has filed opposition, to which BMW has replied. Having considered the papers filed in support of and in opposition to the motion, the Court rules as follows.1 On March 20, 2016, Guan purchased a new 2016 BMW vehicle from AutoWest BMW of Fremont (hereinafter, “the Dealer”). (See Def.’s Req. for Judicial Notice, filed July 24, 2020, Ex. A (“Purchase Agreement”).) Guan alleges that her “experiences with the AUTOMOBILE have been marred by recurring—and potentially dangerous— significant system failures affecting the engine and electrical systems” (see…