Cholakyan

ORDER DENYING DEFENDANT’S MOTION TO DISMISS UNDER RULE 12(B)(1); GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS UNDER RULE 12(B)(6); DENYING DEFENDANT’S MOTION TO STRIKE CLASS ALLEGATIONS

On August 10, 2010, plaintiff filed this putative class action against Mercedes-Benz, USA, LLC (“MBUSA”) claiming (1) violations of California’s Consumer Legal Remedies Act (CLRA), California Civil Code § 1750 et seq.; (2) violations of California’s Secret Warranty Law, California Civil Code § 1795.90 et seq.; (3) violations of California’s Unfair Competition Law (“UCL”), California Business & Professions Code § 17200 et seq.; and (4) breach of implied warranty under the Song-Beverly Consumer Warranty Act, California Civil Code §§ 1792 and 1791.1 et seq. On December 13, 2010, defendant filed a motion to dismiss and/or strike. Plaintiff opposes defendant’s motion.

I. FACTUAL BACKGROUND

Plaintiff Tigran Cholakyan is a California citizen residing in Los Angeles County, California. On August 7, 2008, Cholakyan purchased a Certified Pre-Owned 2005 E-320 Mercedes Benz, with approximately 28,841 miles on its odometer, from Mercedes-Benz of Calabasas, California. In January 2010,…