Mohammed Hassoun v. Mercedes-Benz USA, LLC
Opinion
Trial Court Opinion
I. Background
Plaintiff brought this lawsuit on October 18, 2023, alleging that a car he purchased from Defendant Mercedes Benz is a lemon. Complaint (“Compl.”) (Dkt. 1) ¶ 18. Specifically, Plaintiff alleges that his vehicle had “serious defects and nonconformities to
CIVIL MINUTES – GENERAL
Case No. 8:23-CV-01420-DOC-JDEx Date: November 17, 2023
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warranty” upon delivery “and developed other serious defects and nonconformities to warranty” after purchase. Id. The vehicle that Plaintiff purchased cost $60,336. Id. ¶ 3. In this lawsuit, Plaintiff alleges three violations of California’s Song-Beverley Act. Id. ¶¶ 25-65.
II. II. Legal Standard
Federal courts are courts of limited jurisdiction and are presumptively without jurisdiction over civil actions. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). The burden of establishing the contrary rests upon the party asserting jurisdiction. Id. Because subject matter jurisdiction involves a court's power to hear a case, it can never be forfeited or waived. United States v. Cotton, 535 U.S. 625, 630 (2002). Accordingly, lack of subject matter jurisdiction may be raised by either party…