Moises Lopez v. BMW of North America LLC
Published: Jan. 13, 2023 | Result Date: May 18, 2022 | Filing Date: Mar. 3, 2022 |Case number: 3:22-cv-00285-GPC-MDD Bench Decision – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Eric Y. Kizirian
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
Moises Lopez owned and drove a 2001 BMW X5 sports utility vehicle. In 2021, BMW of North America, LLC, issued a recall notice regarding defective Takata-brand airbags, which Lopez received. On March 3, 2022, he filed suit against BMW of North America, LLC.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the defendant issued an urgent recall notice for defective airbags; that he received this notice after driving his vehicle for 20 years; that, as a result of this notice, he suffered humiliation, mental anguish, anxiety, depression, and emotional and physical distress; and that these difficulties led to loss of sleep and other injuries to his health and well-being. Plaintiff also contended that he did not realize he was risking his children's lives while driving them in a car with defective airbags.
Result
The court sua sponte dismissed the plaintiff's complaint for failure to state a claim.
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