Kalasho
Kalasho v. BMW of North America, LLC
Opinion
Trial Court Opinion
I. Background
24 In January 2019, Plaintiffs Calvin Kalasho and Matthew Putrus (collectively 25 “Plaintiffs”) entered into a contract with a car dealership (hereinafter “Dealer”) to lease a 26 2019 BMW M5 automobile for personal use. [Doc. No. 1-3 at 5.] Plaintiffs allege that 27 when they began their lease, they were provided with an express written warranty in which 28 to provide compensation if there is a failure in utility or performance for a specified period of time.” [Id.] Plaintiffs further allege that their vehicle developed various defects during the warranty period, including “repeated activation of the check engine light (CEL), repeated engine malfunction, coolant system problems, defective tire system, and a squeaking brake system,” [Id. at 5-6], and that BMW NA failed to perform its obligations to service, repair or replace the vehicle or provide Plaintiffs with restitution. On May 29, 2020, Plaintiffs filed suit against BMW NA in state court alleging various violations of California’s Song-Beverly Consumer Warranty Act (the “Song- Beverly Act”), CAL. CIV. CODE §§ 1790, et seq., and of…