Bui

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TIFFANY BUI, Case No. 23-cv-05148-PCP

Plaintiff,

ORDER ON MOTION TO DISMISS

v. 9 Re: Dkt. No. 39 MERCEDES-BENZ U.S.A., LLC, Defendant.

12 The is a “lemon law” case involving plaintiff Tiffany Bui’s 2021 Mercedes-Benz C300. Ms. Bui asserts three claims against defendant Mercedes-Benz U.S.A., LLC under California’s Song-Beverly Consumer Warranty Act: breach of express warranty, breach of implied warranty, and violation of California Civil Code Section 1793.2(b). The Court previously dismissed all three claims with leave to amend. Dkt. No. 35, 2024 WL 1298335. Ms. Bui then filed an amended complaint. Mercedes-Benz moved to dismiss the claims for breach of implied warranty and violation of Section 1793.2(b). The Court assumes familiarity with its previous order and applies the same standard in resolving this motion. For the reasons that follow, Mercedes-Benz’s motion to dismiss is denied as to the breach of implied warranty claim and granted without further leave to…