Modiano
Modiano v. BMW of North America, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARCOS MODIANO and PREPANGO Case No.: 21-cv-00040-DMS-MDD
LLC,
ORDER DENYING MOTION TO
Plaintiffs, REMAND v.
BMW OF NORTH AMERICA LLC;
15 DOES 1 to 10, 16 Defendants. 17 18 Pending before the Court is Plaintiffs Marcos Modiano (“Modiano”) and Prepango, LLC’s (“Prepango”) motion to remand this action to the Superior Court of California. Defendant BMW of North America, LLC (“BMW”) filed an opposition, and Plaintiffs filed a reply. For the reasons set forth below, the Court denies the motion. I. BACKGROUND This action arises from Plaintiffs’ lease of an allegedly defective 2019 BMW vehicle. On December 7, 2020, Plaintiffs filed a Complaint against Defendant BMW in the Superior Court of California, County of San Diego, alleging claims for violation of the Song-Beverly Consumer Warranty Act, Cal. Civ. Code § 1790 et seq., and violation of California Business and Professions…