Eydan Berger v. Mercedes-Benz USA, LLC

I. Factual and Procedural Background

On March 29, 2021, Plaintiff filed a Complaint against Defendant in Los Angeles Superior Court, alleging causes of action for: (1) breach of the implied warranty of merchantability under Song-Beverly Warranty Act; and (2) breach of express warranty under Song-Beverly Warranty Act. In the Complaint, Plaintiff alleges that she leased a new 2019 Mercedes-Benz GLC350 (the “Subject Vehicle”) on approximately August 27, 2019 for personal, family, and household use. Plaintiff also alleges that she had the Subject Vehicle serviced by an authorized service and repair facility on at least four separate occasions for a variety of defects, including a malfunctioning backup camera, a defective rear end door handle, check engine light issues, a faulty electric coolant pump, check coolant temperature light issues, an inoperable retractable luggage cover, and transmission issues, including slamming into gear. On May 3, 2021, Defendant removed this action, alleging that this Court had subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a). According to Defendant, Plaintiff’s lease payments over the next three years will total $21,817.08. Defendant…