This case was last updated from U.S. District Courts on 01/08/2022 at 08:57:35 (UTC).

Alan Manoukian v. BMW of North America, LLC

Case Summary

On November 9, 2021, Alan Manoukian (“Plaintiff”), represented by Kevin Y. Jacobson of Quill and Arrow LLP, filed a contract lawsuit against BMW of North America, LLC, a Delaware Limited Liability Company (“BMW of North America, LLC”), and Does 1 through 10 (collectively, “Defendants”), seeking damages and civil penalty along with prejudgement interest among other reliefs for the alleged breach of contract by the Defendants. The case was filed in the United States District Court in the Central District of California with Judges Stephen V. Wilson and Karen L. Stevenson presiding.

In the complaint, the Plaintiff alleged that “On January 19, 2019, Plaintiff purchased a new 2018 BMW 530i, having VIN No.: WBAJA5C51KWW04157 ("the Subject Vehicle”). These causes of action arise out of warranty and repair obligations of BMW OF NORTH AMERICA, LLC in connection with a vehicle Plaintiffs purchased and for which BMW OF NORTH AMERICA, LLC issued a written warranty. The warranty was not issued by the selling dealership” and “The Subject Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, the engine, structural, suspension, steering, and electrical system defects.”

The Plaintiff also alleged that “Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the "Act") Civil Code sections 1790 et seq. the Subject Vehicle constitutes "consumer goods” used primarily for family or household purposes, and Plaintiff has used the vehicle primarily for those purposes” and “Defendant was unable to conform Plaintiff’s vehicle to the applicable express warranty after a reasonable number of repair attempts.”

The Plaintiff further alleged that “Notwithstanding Plaintiff’s entitlement, Defendant BMW OF NORTH AMERICA, LLC has failed to either promptly replace the new motor vehicle or to promptly make restitution in accordance with the Song-Beverly Act” and “By failure of Defendant to remedy the defects as alleged above, or to issue a refund or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act.”

There are three claims for relief laid down by the Plaintiff. The first claim is for alleged violation of the Song-Beverly Act- Breach of Express Warranty. The second claim is for alleged violation of the Song-Beverly Act- Breach of Implied Warranty. The third claim is for alleged violation of the Song-Beverly Act Section 1793.2(b). 

In the prayer for relief, the Plaintiff requested the Court for general, special, and actual damages; recission of the purchase contract and restitution of all monies expended; incidental and consequential damages according to proof at trial; civil penalty in the amount of two times Plaintiff’s actual damages along with prejudgement interest and reasonable attorneys’ fees and cost of the suit; and any other relief the Court deems just and proper.

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-08813

  • Filing Date:

    11/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Stephen V. Wilson

Referral Judge

Karen L. Stevenson

 

Party Details

Plaintiff

Alan Manoukian

Defendant

BMW of North America, LLC

Attorney/Law Firm Details

Plaintiff Attorney

Kevin Y Jacobson

Attorney at Quill and Arrow LLP

10900 Wilshire Boulevard Suite 300

Los Angeles, CA 90024

Defendant Attorneys

Daniel R Villegas

Attorney at Lehrman Villegas Chinery and Douglas LLP

12121 Wilshire Boulevard Suite 1300

Los Angeles, CA 90025

Kate S Lehrman

Attorney at Lehrman Villegas Chinery and Douglas LLP

12121 Wilshire Boulevard Suite 1300

Los Angeles, CA 90025

Derrick Y Chu

Attorney at Lehrman Law Group

12121 Wilshire Boulevard Suite 1300

Los Angeles, CA 90025

 

Court Documents

#1

(#8) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant BMW of North America, LLC. (ghap) (Entered: 11/09/2021)

#2

(#4) Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #3 , Certificate/Notice of Interested Parties #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Alan Manoukian. (Jacobson, Kevin) (Entered: 11/09/2021)

#3

(#4) Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #3 , Certificate/Notice of Interested Parties #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Alan Manoukian. (Jacobson, Kevin) (Entered: 11/09/2021)

#4

(#4) Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #3 , Certificate/Notice of Interested Parties #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Alan Manoukian. (Jacobson, Kevin) (Entered: 11/09/2021)

#5

(#5) NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Karen L. Stevenson. (ghap) (Entered: 11/09/2021)

#6

(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 11/09/2021)

#7

(#7) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 11/09/2021)

#8

(#8) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant BMW of North America, LLC. (ghap) (Entered: 11/09/2021)

 

Docket Entries

  • 12/30/2021
  • Docket(#21) CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc) (Entered: 12/30/2021)

    [+] Read More [-] Read Less
  • 12/30/2021
  • Docket(#20) SCHEDULING NOTICE - IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson - The initial status conference scheduled for 01/03/2022 is vacated and off-calendar. The case is set for jury trial on 05/03/2022 at 9:00 a.m., with a pretrial conference on 04/25/2022 at 3:00 p.m. All requests to appear by Zoom or telephone are denied as moot. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY (Entered: 12/30/2021)

    [+] Read More [-] Read Less
  • 12/29/2021
  • Docket(#19) REQUEST for Leave of Nicholas Yowarski to Appear for Telephonically at Initial Status Conference filed by plaintiff Alan Manoukian. Request set for hearing on 1/3/2022 at 03:00 PM before Judge Stephen V. Wilson. (Attachments: #1 Proposed Order Granting Plaintiff's Request to Appear Telephonically at Initial Status Conference) (Jacobson, Kevin) (Entered: 12/29/2021)

    [+] Read More [-] Read Less
  • 12/28/2021
  • Docket(#18) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request to Appear Telephonically #17 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests-Appear. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) (Entered: 12/28/2021)

    [+] Read More [-] Read Less
  • 12/27/2021
  • Docket(#17) NOTICE DEFENDANT BMW OF NORTH AMERICA, LLCS REQUEST TO APPEAR TELEPHONICALLY AT INITIAL STATUS CONFERENCE filed by Defendant BMW of North America, LLC. (Attachments: #1 Proposed Order re DEFENDANT BMW OF NORTH AMERICA, LLCS REQUEST TO APPEAR TELEPHONICALLY AT INITIAL STATUS CONFERENCE)(Chu, Derrick) (Entered: 12/27/2021)

    [+] Read More [-] Read Less
  • 12/20/2021
  • Docket(#16) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Defendant BMW of North America, LLC.. (Chu, Derrick) (Entered: 12/20/2021)

    [+] Read More [-] Read Less
  • 12/09/2021
  • Docket(#15) ORDER SETTING INITIAL STATUS CONFERENCE for 1/3/2022 at 3:00 PM before Judge Stephen V. Wilson. (pc) (Entered: 12/09/2021)

    [+] Read More [-] Read Less
  • 12/08/2021
  • Docket(#14) NOTICE of Interested Parties filed by Defendant BMW of North America, LLC, identifying BMW (US) Holding Corp.. (Chu, Derrick) (Entered: 12/08/2021)

    [+] Read More [-] Read Less
  • 12/07/2021
  • Docket(#13) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening) #11 by Clerk of Court. Counsel are directed to file their Notice of Interested Parties within 7 days of today's date. (mrgo) (Entered: 12/07/2021)

    [+] Read More [-] Read Less
  • 12/07/2021
  • Docket(#12) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) #11 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (mrgo) (Entered: 12/07/2021)

    [+] Read More [-] Read Less
1 More Docket Entries
  • 11/30/2021
  • Docket(#10) PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Alan Manoukian, upon Defendant BMW of North America, LLC served on 11/12/2021, answer due 12/3/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Jacobson, Kevin) (Entered: 11/30/2021)

    [+] Read More [-] Read Less
  • 11/10/2021
  • Docket(#9) NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc) (Entered: 11/10/2021)

    [+] Read More [-] Read Less
  • 11/09/2021
  • View Court Documents
  • Docket(#8) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant BMW of North America, LLC. (ghap) (Entered: 11/09/2021)

    [+] Read More [-] Read Less
  • 11/09/2021
  • View Court Documents
  • Docket(#7) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 11/09/2021)

    [+] Read More [-] Read Less
  • 11/09/2021
  • View Court Documents
  • Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 11/09/2021)

    [+] Read More [-] Read Less
  • 11/09/2021
  • View Court Documents
  • Docket(#5) NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge Karen L. Stevenson. (ghap) (Entered: 11/09/2021)

    [+] Read More [-] Read Less
  • 11/09/2021
  • View Court Documents
  • Docket(#4) Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #3 , Certificate/Notice of Interested Parties #2 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Alan Manoukian. (Jacobson, Kevin) (Entered: 11/09/2021)

    [+] Read More [-] Read Less
  • 11/09/2021
  • View Court Documents
  • Docket(#3) CIVIL COVER SHEET filed by Plaintiff Alan Manoukian. (Jacobson, Kevin) (Entered: 11/09/2021)

    [+] Read More [-] Read Less
  • 11/09/2021
  • View Court Documents
  • Docket(#2) CERTIFICATE of Interested Parties filed by Plaintiff Alan Manoukian, (Jacobson, Kevin) (Entered: 11/09/2021)

    [+] Read More [-] Read Less
  • 11/09/2021
  • View Court Documents
  • Docket(#1) COMPLAINT Receipt No: ACACDC-32298116 - Fee: $402, filed by Plaintiff Alan Manoukian. (Attorney Kevin Y Jacobson added to party Alan Manoukian(pty:pla))(Jacobson, Kevin) (Entered: 11/09/2021)

    [+] Read More [-] Read Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where BMW OF NORTH AMERICA, LLC is a litigant

Latest cases represented by Lawyer Derrick Y Chu

Latest cases represented by Lawyer Daniel R Villegas

Latest cases represented by Lawyer Kate S Lehrman