Refael Kaikov v. Mercedes-Benz USA, LLC

I. Factual and Procedural Background

On July 1, 2024, Plaintiffs filed a Complaint against Defendant in Los Angeles County Superior Court (“LASC”), alleging a single cause of action for violation of the Song-Beverly Act – breach of express warranty. In their Complaint, Plaintiffs allege that, on February 23, 2021, they entered into a lease with Defendant for a 2021 Mercedes E-Class (the “Subject Vehicle”) that included a written warranty. According to Plaintiffs, “[d]efects and nonconformities to warranty manifested themselves within the applicable express warranty period,” which impaired the use, value, and/or safety of the Subject Vehicle. In addition, Plaintiffs allege that although they delivered the Subject Vehicle to a Defendant-authorized repair facility, Defendant was unable to repair the Subject Vehicle as required by the warranty. On October 1, 2024, Defendant removed this action, alleging that this Court has jurisdiction pursuant to 28 U.S.C. § 1332(a), diversity jurisdiction.

II. Legal Standard

A motion to remand is the proper procedure for challenging removal. See N. Cal. Dist. Council of Laborers v. Pittsburg-Des Moines Steel Co., 69 F.3d 1034, 1038 (9th…