David Velador v. Mercedes Benz USA, LLC

I. INTRODUCTION

Presently before the Court is defendant’s motion to dismiss and/or strike portions of plaintiff's complaint. Dkt. 13 (“MTD”). On July 31, 2023, plaintiff David Velador filed a suit against defendant Mercedes- Benz USA, LLC and Does | through 10 in the Superior Court of the State of California for the County of Los Angeles alleging (1) violation of subdivision (d) of Civil Code Section 1793.2 for failure to replace/pay restitution for a vehicle that the manufacturer was unable to repair; (2) violation of subdivision (b) of Civil Code Section 1793.2 for failure to repair/conform the vehicle in a reasonable time or within thirty days; (3) violation of subdivision (a)(3) of Civil Code Section 1793.2 for failing to make available service literature and replacement parts during the express warranty period; (4) breach of express written warranty in violation of Civil Code Section 1794; and (5) breach of the implied warranty of merchantability in violation of Civil Code Section 1791.1. Dkt. 1-1 (“Compl.”). On September 7, 2023, plaintiff removed the action to this Court on the basis of diversity jurisdiction. Dkt. 1. On November 13, 2023, defendant filed…