Milagros Garcia v. Mercedes-Benz USA, LLC
Opinion
Trial Court Opinion
JS-6 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 MILAGROS GARCIA, an Case No. 2:23-cv-04535-MCS-JC individual,
ORDER REMANDING CASE
12 Plaintiff, 13 v.
MERCEDES-BENZ USA, LLC, a Delaware Limited Liability Company; 16 and DOES 1 through 10, inclusive, 17 Defendants.
19 The Court ordered Defendant Mercedes-Benz USA, LLC, to show cause why the case should not be remanded to state court. (OSC, ECF No. 12.) Defendant filed a response. (Resp., ECF No. 13.) I. BACKGROUND This is a case brought under the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiff Milagros Garcia bought a 2019 Mercedes-Benz C300W (“Vehicle”) on or about July 7, 2022 which then began exhibiting defects. (Gallagher Decl. ¶ 3, ECF No. 13-1; id. Ex. A (“Compl.”) ¶ 8, ECF No. 13-2.) Plaintiff seeks “replacement or restitution, including the entire price paid or payable for the subject vehicle, incidental and consequential damages, a civil penalty in an amount up to two times the amount of 2 …