Bhatt v. BMW of North America CA2/3

Filed 12/12/25 Bhatt v. BMW of North America CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

NISHITH BHATT, B333656 Plaintiff and Appellant, (Los Angeles County v. Super. Ct. No. 19STCV41734)

BMW OF NORTH AMERICA, LLC,

Defendant and Respondent.

APPEAL from judgment and orders of the Superior Court of Los Angeles County, Randolph Hammock, Judge. Reversed and remanded with directions. Knight Law Group, Radomir Roger Kirnos, Jeffery K. Mukai; Gupta Wessler, and Jennifer D. Bennett, for Plaintiff and Appellant. Nelson, Mullins, Riley & Scarborough, Michael J. Hurvitz, and Ian G. Schuler, for Defendant and Respondent.

‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

Plaintiff Nishith Bhatt appeals from a judgment confirming an arbitration award in favor of BMW North America, LLC (BMW). Bhatt specifically challenges an order granting BMW’s motion to compel arbitration based on a contract to which BMW was not a party. We reverse the order compelling arbitration and the judgment and order confirming the arbitration award, and remand for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND In 2015, Bhatt bought a used BMW from nonparty BMW/Mini of Monrovia (the Dealership). The sales contract between Bhatt and the Dealership included an arbitration clause. Through the sales contract, the Dealership expressly disclaimed any warranties covering the vehicle except for those separately provided in writing. The sales contract clarified that the disclaimer “does not affect any warranties covering the vehicle that the vehicle manufacturer may provide,” including the implied warranty of merchantability. In 2019, Bhatt filed a complaint alleging that BMW violated California’s Song-Beverly Consumer Warranty Act (Song-Beverly) by breaching express warranties and the implied warranty of merchantability.1 (Civ. Code, § 1790 et seq.) In October 2020, the trial court granted BMW’s motion to compel arbitration of Bhatt’s claims. Although BMW is not a party to the sales contract between Bhatt and the Dealership, the court concluded that BMW could compel arbitration as a third party beneficiary of that contract. The court did not address