Kum

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 SIEW KUM, Case No. 20-cv-06938-CRB

Plaintiff,

ORDER GRANTING MOTION FOR

v. JUDGMENT ON THE PLEADINGS

MERCEDES-BENZ USA, LLC, Defendant.

Plaintiff Siew Kum is suing Defendants Mercedes-Benz USA, LLC and Does 1-20 (unknown individuals, agents, servants, and/or employees of Mercedes-Benz) (collectively, Mercedes-Benz). In 2015, Kum leased a new Mercedes-Benz C300W. Kum alleges that the vehicle was defective in many ways, including by having an air conditioning system that emitted a bad smell. Based on these allegations, Kum asserts three claims: (1) breach of the implied warranty of merchantability under the Song-Beverly Warranty Act; (2) breach of an express warranty under the Song-Beverly Warranty Act; and (3) fraudulent inducement by concealment. Mercedes-Benz now moves for a judgment on the pleadings as to the fraudulent inducement by concealment claim. The Court concludes that oral argument…