Aniano Perez Hernandez Sr. v. Nissan North America, Inc.
Opinion
Trial Court Opinion
I. Background
Plaintiff alleges that he “purchased a 2023 Nissan Titan” that, “as reflected in the sales contract, has an approximate value of $97,955.24.” (Compl. ¶ 8.) The car “was delivered to Plaintiff with serious defects and nonconformities to warranty . . . including . . . electrical, transmission, and engine system defects.” (Id. ¶ 10.) On Plaintiff’s claims for violation of the Song-Beverly Act, Plaintiff seeks “general, special, and actual damages,” “rescission of the _________________________________________________________________
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:25-cv-00276-FWS-ADS Date: March 26, 2025 Title: Aniano Perez Hernandez Sr. v. Nissan North America, Inc. purchase contract and restitution of all monies expended,” “diminution in value,” “incidental and consequential damages,” a civil penalty of two times actual damages, and attorney fees. (Id. at 9.)
Plaintiff served Defendant with the Complaint on November 18, 2024. (Dkt. 9-4 (Proof of Service).) Eighty-six days later, on February 12, 2025, Defendant removed the case to this court. (Dkt. 1 (“Notice of…