Chen
Chen v. BMW of North America, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 LAP-PING CHEN, Case No. 21-cv-03531-DMR
Plaintiff,
ORDER ON MOTION TO COMPEL
v. ARBITRATION
BMW OF NORTH AMERICA, LLC, Re: Dkt. No. 13 Defendant.
On March 23, 2021, Plaintiff Lap-ping Chen filed this case in the San Francisco County Superior Court, alleging claims for breach of warranty against Defendant BMW of North American, LLC (“BMW NA”). [Docket No. 1-1 (“Compl.”).] BMW NA removed the case to this court on May 11, 2021. [Docket No. 1.] BMW NA now moves to compel arbitration of all claims. [Docket Nos. 13 (“Mot.”), 17 (“Reply”).] Chen opposes. [Docket No. 16 (“Opp.”).] This motion is suitable for determination without oral argument pursuant to Civil L.R. 7-1(b). For the reasons stated below, the motion is denied. I. BACKGROUND A. Allegations Chen is an individual residing in San Francisco, California. Compl. ¶ 1. On November 4, 2020, Chen leased a new 2021 BMW X5 cDrive…