MacQuiddy

Filed 1/2/15; pub. order 1/29/15 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

RAND MACQUIDDY, B251752

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC488675) v.

MERCEDES-BENZ USA, LLC,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael L. Stern, Judge. Affirmed in part, reversed in part and remanded with directions.

Romano Stancroff and Mark Romano for Plaintiff and Appellant.

LeClairRyan and Peter M. Hart for Defendant and Respondent.

__________________________________ After experiencing problems with his Mercedes-Benz that required multiple repair attempts, plaintiff Rand MacQuiddy filed suit against defendant Mercedes-Benz, LLC (Mercedes-Benz) under the Song-Beverly Consumer Warranty Act (Civ. Code, §§ 1790, et seq.; the Act) and the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301). MacQuiddy sought a refund for the car and a civil penalty for the alleged willful violation of the Act. In its answer to the complaint, Mercedes-Benz admitted it had not been able to conform the…