Marc Garrett v. Mercedes-Benz USA, LLC

I. BACKGROUND

On January 6, 2023 Plaintiff filed a complaint in the Superior Court of the State of California for the County of Riverside against Defendants Mercedes-Benz USA, LLC (“MBUSA” or “Defendant”) and Does 1-10. (“Notice of Removal,” Dkt. No. 1-1, Ex. A, “Complaint.”). The Complaint alleges three causes of action: (1) violation of the Song-Beverly Consumer Warrant Act (the “Song-Beverly Act”), Cal. Civ. Code § 1790 et seq. – breach of express warranty; (2) violation of the Song-Beverly Act – breach of implied warranty; and (3) violation of California Business and Professions Code, Cal. Civ. Code § 17200. (See id.)

On February 10, 2023, Defendant removed the action. (Notice of Removal.) On February 17, 2023, Defendant filed an answer. (“Answer,” Dkt. No. 8.)

On March 8, 2023, Plaintiff filed the Motion. (Motion.) On March 20, 2023, Defendant filed an opposition. (“Opposition,” Dkt. No. 13.) In support of the Opposition, Defendant filed a declaration of Sasha Bassi (“Bassi Declaration,” Dkt. No. 13-1.) On March 27, 2023, Plaintiff replied. (“Reply,” Dkt. No. 14.)

II. LEGAL STANDARD

Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a matter to federal…