Messih

Messih v. Mercedes-Benz USA, LLC

Good Law
United States District Court, Northern District of CaliforniaJanuary 9, 20233:21-cv-03032California1,909 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 GAMIL MESSIH, Case No. 21-cv-03032-WHO

Plaintiff,

ORDER ON MOTION FOR

v. ATTORNEY FEES AND COSTS

MERCEDES-BENZ USA, LLC, Re: Dkt. No. 37 Defendant.

11 Plaintiff Gamil Messih moves for attorney fees and costs after his Song-Beverly Consumer Warranty Act case settled. Defendant Mercedes-Benz USA, LLC (“MBUSA”) argues that Messih should be awarded significantly less than the enhanced amount he seeks. For the reasons that follow, Messih’s motion is granted, but in the lesser amount of $38,516.40, with no multiplier, plus $1,821.43 in costs, for a total of $40,337.83. BACKGROUND Messih sued MBUSA in California state court in March 2021, alleging that it violated the Song-Beverly Act by selling him a defective vehicle and failing to repair, replace, or repurchase it. Dkt. No. 1, Ex. A. MBUSA then removed the case to this court. Id. Soon thereafter, MBUSA moved to compel arbitration,…

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