Mirna Flamenco v. Mercedes Benz USA LLC
Opinion
Trial Court Opinion
I. Background
A. Facts Plaintiff leased a Mercedes-Benz E450A (the “Vehicle”) in September 2019 for personal, household, or family use. First Amended Complaint (“FAC”) ¶ 5 (Dkt. 1-4). In consideration, Plaintiff paid $77,308.32, including “taxes, license, and finance charges.” Id. Plaintiff signed an express warranty in the lease agreement, which provides in relevant part, that if a defect occurs during the warranty period, then Defendant Mercedes-Benz USA’s (“Defendant MBUSA”) representative would repair the Vehicle. Id. ¶ 7. Case 8:22-cv-00082-DOC-KES Document Filed 02/28/ Page 2 of Page ID #:1210
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:22-cv-00082-DOC-KES Date: February 28, 2022
Page
Plaintiff alleges that during the warranty period, the Vehicle developed numerous defects, id. ¶ 8, and has instituted this suit to cancel the sale, id. ¶ 9.
B. Procedural History On August13, 2021, Plaintiff filed this case in Orange County Superior Court. Mot. at 5. Plaintiff names Defendant MBUSA and Does 1-50 as defendants. See generally FAC. In regard to the unspecified Defendants, the FAC…