Perkins

I. BACKGROUND

1 A. Facts 2 On or about November 12, 2014, Perkins entered into a warranty contract for a 3 2014 Mercedes-Benz GLK 250 (the “Vehicle”) manufactured and distributed by MBUSA. 4 Compl. ¶ 10. Perkins first presented the Vehicle for repair in 2016 with 43,248 miles on 5 the odometer. Id. ¶ 17. Perkins alleges that MBUSA failed to conform the Vehicle to its 6 express and implied warranties after a reasonable number of repair attempts, in violation of 7 Song-Beverly and the MMWA. Id. ¶¶ 24, 32, 38, 43, 49, 46, 55, 61. Perkins further 8 alleges that MBUSA was fully aware of its inability to conform the Vehicle to applicable 9 express warranties, but willfully refused to provide materials to effect repair, replace the 10 Vehicle, or make restitution. Id. ¶¶ 34, 41, 44. Perkins also brings a claim of negligent 11 repair against MB-Marin, alleging “fail[ure] to properly store, prepare, and repair the 12 Subject Vehicle in accordance with industry standards.” Id. ¶ 66. 13 In the body of the complaint, Perkins alleges that he suffered damages “in a sum to 14 be proven at trial in an amount that is not less than $25,001.00.” Id. ¶ 29. In the prayer for 15 relief,…