Messih

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GAMIL MESSIH, Case No. 21-cv-03032-WHO

Plaintiff,

ORDER DENYING MOTION TO

v. REMAND AND DENYING MOTION

TO COMPEL ARBITRATION

MERCEDES-BENZ USA, LLC, Re: Dkt. Nos. 6, 15 Defendant.

12 Plaintiff Gamil Messih filed this action against defendant Mercedes-Benz USA, LLC (“MBUSA”) for breach of warranty claims arising out of a car he purchased from a dealership in Walnut Creek, California. Before me are two motions: Messih’s motion to remand for failure to meet the amount in controversy requirement for diversity jurisdiction and MBUSA’s motion to compel arbitration based on a provision in the purchase agreement between Messih and the dealership. Diversity jurisdiction is proper because MBUSA has sufficiently established, by a preponderance of evidence, that the amount of controversy exceeds $75,000 given Messih’s alleged actual damages and civil penalties. MBUSA has failed, however, to establish that it has standing to enforce…