Lien

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 PHAT T LIEN, Case No. 23-cv-01268-CRB

Plaintiff,

ORDER GRANTING MOTION TO

v.

DISMISS WITH LEAVE TO

AMEND

MERCEDES-BENZ USA, LLC, Defendant.

Plaintiff Phat Lien sued Defendant Mercedes-Benz USA, LLC, alleging that the 2020 Mercedes-Benz GLC350E that he bought was defective in violation of California’s Song-Beverly Consumer Warranty Act, Cal. Civ. Code §§ 1790 et seq. Mercedes-Benz moved to dismiss on the grounds that the Song-Beverly Act’s protections do not apply because Lien bought his car used. The Court stayed the case while the California Supreme Court addressed this very issue in Rodriguez v. FCA US, LLC, No. S274625. The state high court issued its opinion on October 31, 2024. Now, Mercedes-Benz asks the Court to grant its motion to dismiss without leave to amend, while Lien requests leave to amend to add new claims under other statutory provisions. See Joint Status Rpt. (dkt. 26). The Court GRANTS Mercedes-Benz’s…