Gayk Pogosyan v. Mercedes-Benz USA, LLC

I. Background

The complaint alleges on July 8, 2022, Plaintiff purchased a 2022 Mercedes G63 (the “Vehicle”) distributed by Defendant. (ECF NO. 1-2 (“Compl.”) ¶ 4). Including taxes, license, and finance charges, Plaintiff paid $334,722.61 in consideration for the Vehicle. (Id.). In connection with the purchase of the Vehicle, Plaintiff received an express warranty pursuant to which Defendant “undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in utility or performance . . .” (Id. ¶ 6). During the warranty period, however, the Vehicle allegedly contained or developed various defects. (Id. ¶ 7). The complaint alleges that Plaintiff has rejected and/or revoked acceptance of the vehicle and is exercising his right to cancel the sale. (Id. ¶ 8). On June 23, 2023, Plaintiff commenced this action in the Los Angeles County Superior Court, asserting eight causes of action under the Song-Beverly Consumer Warranty Act (“SBA”) (Compl. ¶¶ 9–51), as well as four other California state law causes of action. (Compl. at 52–70). Plaintiff’s prayer for relief seeks actual damages in the amount of $334,722.61 for the full…