Gino Clemente v. Mercedes-Benz USA LLC
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiff’s Complaint (“Compl.”) (Dkt. 1-2). This action concerns Plaintiff Gino Clemente’s (“Plaintiff”) purchase of a new 2017 Mercedes-Benz GLE 350 from Defendants. Compl. ¶ 2-5. Plaintiff filed suit against Defendants Mercedes-Benz USA LLC and Does 1-20 (“Defendants”) alleging (1) Breach of Implied Warranty of Merchantability under the Song-Beverly Warranty Act, (2) Breach of Express Warranty under the Song-Beverly Warranty Act, and (3) Fraudulent Inducement – Concealment. Id. at 1. Plaintiff seeks compensatory damages, punitive damages, costs and expenses, attorneys’ fees and interest. Id. at 10.
CIVIL MINUTES – GENERAL
Case No. ED CV 17-2288-DOC (SHKx) Date: December 2, 2020 Page
B. Procedural History Plaintiff originally filed suit in the Superior Court of Orange County, California. See generally Compl. (Dkt. 1-2). On August 24, 2020, Defendants removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Dkt. 1).
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be…