ON JUNE 24, 2006, A-UNITED LEASED THE M5 THROUGH BMW OF MONROVIA, FORMERLY ASSAEL BMW. DURING THE DURATION OF THE LEASE, A-UNITED INCURRED LESS THAN 1800 MILES ON THE M5 PRIMARILY BECAUSE THE M5'S SAFETY AND RELIABILITY HAD CAUSED SERIOUS CONCERNS. FROM AS EARLY AS NOVEMBER 2006, A-UNITED BEGAN EXPERIENCING PROBLEMS WITH THE M5 WHEN THE UNUSUAL NOISE FROM THE ENGINE BECAME LOUDER AND LOUDER. SHORTLY, THE M5 BEGAN HESITATING TO ACCELERATE. ON OCTOBER 22, 2007, THE M5 WAS TAKEN TO BMW OF MONROVIA FOR ROUTINE SERVICE AS WELL AS THE CAUTIONED SERVICE ENGINE LIGHT SOON ALERT ON THE M5. THE TECHNICIAN EXPLAINED THAT THE M5 HAD A DEFECTIVE BRAKE BOOSTER PRESSURE SENSOR AND HE DISCOVERED A FAULT MEMORY IN THE VACUUM SENSOR. HE ASSURED THAT HE WOULD TAKE CARE OF THE PROBLEM AND THE SERVICE LIGHT AS WELL AS THE UNUSUAL NOISE FROM THE ENGINE WOULD NO LONGER OCCUR. CONTRARY TO THE TECHNICIAN'S ASSURANCE, THE NOISE CONTINUED AND DID NOT GO AWAY. THE M5 EXPERIENCED ACCELERATION PROBLEMS ON AND OFF. BY JUNE 27, 2008, IT WAS DUE FOR ANOTHER ROUTINE SERVICE AND AGAIN, A-UNITED EXPRESSED CONCERNS FOR THE UNUSUAL NOISE AND PROBLEMS WITH ACCELERATION. THE TECHNICIAN CONTINUED TO REPRESENT THAT THE M5 WAS OPERABLE, SAFE AND IN WORKING CONDITION SINCE HIS CONCLUSION WAS BASED ON THE FACT THAT NONE OF THE COMPLAINTS OR FAULTS WERE STORED. A-UNITED TRUSTED THE TECHNICIAN ALONG WITH BMW OF NORTH AMERICA'S ("BMW") SOUND REPUTATION AND CONTINUED TO RELY ON SUCH THAT THE M5 HAD NO