Avi Richards, et al. v. Tesla Inc., et al.

I.

BACKGROUND

In September 2023, plaintiff Avi Richards purchased a preowned 2021 Tesla Model Y manufactured by defendant Tesla, Inc. (ECF 1-1 at 6). According to plaintiff, the vehicle displayed defects during the applicable warranty period and Tesla couldn't repair it after a reasonable number of attempts. (Jd. at 8—9). Tesla then, plaintiff claims, failed to timely repurchase or replace the nonconforming vehicle as required by California's Song-Beverly Consumer Warranty Act, Cal. Civ. Code § 1793.2. (Id. at 10). Not only that, but plaintiff contends that Tesla “willfully failed to comply with its responsibilities under” the Song-Beverly Act. (/d. at 12). For such willful violations, as plaintiff correctly alleges, the Song-Beverly Act provides for “a civil penalty of up to two times the amount of actual damages.” (Id.). Based on these allegations, in October 2024, plaintiff sued Tesla in Los Angeles County Superior Court for violations of the Song-Beverly Act and the federal Magnuson- Moss Warranty Act (““MMWA”). (ECF 1 at 1; ECF 1-1 at 10—18). The complaint attached a copy of the vehicle sales contract, though it was largely illegible. (ECF 1-1 at…