Friday, 06 May 2011 17:57

BMW North America Files Another Motion to Dismiss Case Involving Paint Jobber

BMW North America filed another motion for judgment on the pleadings in a case involving a California paint jobber. The jobber, Nicolosi Distributing Inc. (NDI), alleges that BMW North America intentionally interfered with a contract NDI had with a BMW-certified shop.

BMW North America began making its BMW certified repair shops use only BMW certified paint during their repairs while the repair shop in question, German Motors Collision Center, was still under contract with NDI for their paint materials.

NDI contends that “BMW intentionally interfered with NDI’s contractual relationship with German Motors Collision Center... by the following conduct: BMW has decided to product its own paint line ... BMW requires auto body shops painting a BMW automobile to only use BMW paint. BMW forced German Motors Collision Center to enter into a written agreement ... which requires German Motors to use BMW paint on any BMW car painted at German Motors.”

 

NDI is also accusing BMW North America of interfering with a prospective economic advantage, violation of California’s Anti-Competition Act, Business and Professions Code Section 17200 and violation of Business and Professions Code Section 16727 in which a business’s actions lessen competition and create a monopoly on a trade or line of commerce.

Nicolosi is asking for damages of $75,000 for the first and second claim, exemplary damages from Federal Court, injunctive relief from the third and fourth claims, attorneys fees, other relief from the Business and Professions Code violations, court costs and other relief as judged by the court.

On April 20 BMW filed a second motion for judgment on the pleadings; the company had filed one in February of 2011 which was dismissed.

US District Judge Susan Illston again denied BMW's motion for judgment on the pleadings.

The full text of the motion can be seen HERE.

For more information about this case please click HERE.

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