Shahin Bastani v. Mercedes Benz USA, LLC
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiff Shahin Bastani’s Complaint (“Compl.”) (Dkt. 1-1). This action concerns Plaintiff’s purchase of a vehicle manufactured by Defendant Mercedes-Benz USA, LLC (“Defendant”). Compl. ¶¶ 12, 13. Plaintiff alleges that the vehicle contained or developed numerous defects and continued to exhibit such defects after Plaintiff returned the vehicle to the authorized repair facility for repairs. Id. ¶ 14-18. Plaintiff alleges that Defendant has continuously failed to make the vehicle conform to the applicable warranties. Id. ¶ 17. Plaintiff brings claims under the Song-Beverly Consumer Warranty Act and Magnuson-Moss Warranty Act seeking actual damages, civil penalties, costs and expenses, attorneys’ fees, recision of the contract and restitution of consideration, and prejudgment interest. Id. at 5-7.
CIVIL MINUTES – GENERAL
Case No. SA CV 21-00911-DOC-ADS Date: September 7, 2021 Page
B. Procedural History Plaintiff originally filed suit in the Superior Court of California, County of Orange County. See generally Compl. (Dkt. 1-1). On May 17, 2021, Defendant removed the action to this Court,…