Saulo Solarte v. Nissan North America, Inc.

Good Law
United States District Court, Central District of CaliforniaJuly 19, 20235:23-cv-00955California2,685 words

Opinion

Trial Court Opinion

I. BACKGROUND

Plaintiff initiated this lemon law action on March 1, 2023, in the Riverside Superior Court. (Notice of Removal (“NOR”), Ex. A (Summons and Complaint) (Docket No. 1)). Defendant was served with the Complaint on March 17, 2023. (Declaration of Abigail Hudson (“Hudson Decl.”), ¶ 4). Defendant removed this action seventy days later on May 25, 2023. (See generally, NOR).

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 23-955-MWEF (MRWx) Date: July 19, 2023 Title: Saulo Solarte v. Nissan North America, Inc. et al In the Complaint, Plaintiff alleges that he resides in California. (Complaint, 4 1). Plaintiff brings two state law claims against Defendant under the Song-Beverly Consumer Warranty Act (“SBA”) for breach of express warranty and breach of the implied warranty of merchantability. The prayer for damages included in the Complaint provides as follows:

_ PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, and each of them, as follows: (a) Restitution in an amount…

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