Robert Wu v. Mercedes-Benz USA, LLC

I. BACKGROUND

Plaintiff alleges he purchased a used Mercedez-Benz with “serious defects and nonconformities” that “substantially impair the use” of the vehicle. (Compl. 4] 15, 19-20, ECF No. 1-2.) The vehicle came with a warranty, but Plaintiff claims Defendant “failed to either promptly replace the [vehicle] or to promptly make restitution in accordance with the Song-Beverly Act.” (Ud. 424.) Plaintiff seeks

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reimbursement for the price paid for the vehicle, attorney’s fees, and a civil penalty of up to two times the amount of actual damages. (Id. ¶¶ 26–29.)

In its Notice of Removal, Defendant claims that jurisdiction exists based on diversity because the parties are residents of different states and the amount in controversy exceeds $75,000. (Notice 4–5.) To support the latter assertion, Defendant attached the sales contract, which shows that the total sale price for the vehicle was $125,163.40. (Sales Contract, ECF No. 1-2.) The sales contract also shows that Plaintiff only paid $19,300.00 as a down payment and financed the remaining $105,863.40, …