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NGO v. BMW OF NORTH AMERICA, LLC

No. 20-56027.

23 F.4th 942 (2022)

Kim NGO, Plaintiff-Appellant, v. BMW OF NORTH AMERICA, LLC; BMW Aktiengesellschaft; Does, 1 Through 10, Inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2022.

Attorney(s) appearing for the Case

Jennifer D. Bennett (argued), Gupta Wessler PLLC, San Francisco, California; Matthew W.H. Wessler , Gupta Wessler PLLC, Cambridge, Massachusetts.; Payam Shahian , Strategic Legal Practices, Los Angeles, California; for Plaintiff-Appellant.

Thomas M. Peterson , Morgan Lewis & Bockius LLP, San Francisco, California; Karyn L. Ihara , Morgan Lewis & Bockius LLP, Los Angeles, California; for Defendants-Appellees.

Before: Kim McLane Wardlaw, Barrington D. Parker, and Andrew D. Hurwitz, Circuit Judges.

OPINION

In 2012, Kim Ngo bought a new BMW 535i sedan from Peter Pan Motors, Inc, a car dealership. Because the dealership financed Ngo's purchase, they entered into a purchase agreement which contained an arbitration clause. As a result of alleged defects with the car, Ngo sued BMW of North America, LLC ("BMW"),...

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