Wendy S. Serpas Lazo v. Mercedes-Benz, LLC

I. BACKGROUND

On May 17, 2024, Plaintiffs Wendy S. Serpas Lazo and Wendy S. Guzman Serpas (jointly, “Plaintiffs”) filed a complaint against Defendants Mercedes-Benz USA, LLC (“MBUSA”), Jones Ontario, and Does 1 through 10 (collectively, “Defendants”) in the California Superior Court for the County of San Bernardino. (“Notice of Removal,” Dkt. No. 1 at 11-21.) The Complaint alleges five causes of action—three claims under the California Song-Beverly Consumer Warranty Act and a claim under the federal Magnuson-Moss Warranty Act against Defendant MBUSA; and a negligence claim against Defendant Jones Ontario. (Id.) MBUSA removed the action to this Court on June 28, 2024. (Id.)

On July 5, 2024, MBUSA filed a motion to dismiss. (“MTD,” Dkt. No. 10.) On August 28, 2024, the Court dismissed all claims against MBUSA without leave to amend, rendering Defendant Jones Ontario the only remaining Defendant and the fifth cause of action— negligence—the only remaining claim. (“MTD Order,” Dkt. No. 22.)

On October 2, 2024, Defendant Jones Ontario filed the Motion. (Motion.) On November 13, 2024, Plaintiffs filed a notice of non-opposition to the Motion. (“Pl. Non-Opp.,” Dkt. No.…