Brady
Brady v. Mercedes-Benz USA, Inc.
Opinion
Opinion
Chen, J.
ORDER FINDING DIVERSITY JURISDICTION PROPERLY VESTS WITH THE COURT
On January 12, 2000, John Brady leased from a dealer of Mercedes Benz USA, Inc. (hereinafter referred to as “MBUSA”), a 2000 Mercedes Benz SLK 230 automobile (hereinafter referred to as the “Automobile”). Comp., ¶ 5. Pursuant to the lease agreement, Brady made a down payment in the amount of $1449.99 (initial lease payment, license, registration and document fees) and agreed to make thirty-five additional monthly payments in the amount of $755.50. May 16, 2002 Decl. of Gregg M. Audet, ¶ 4, Ex. B.
Brady received with the Automobile, an express written warranty which provided, in relevant part, that in the event a defect developed with the Automobile during the warranty period, Brady could deliver the Automobile for repair to any MBUSA designated repair facility. Compl., ¶ 7.
According to Brady, within the warranty period, the “automobile developed several non-conformities, defects, and conditions affecting the safety, value, or use of this vehicle including, [a] defective transmission, gear shifting devises and apparatuses, [b] defective air conditioning, and [c] various other and related malfunctions and…