Lien

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 PHAT T. LIEN, Case No. 23-cv-01268-CRB

Plaintiff,

ORDER STAYING CASE

v.

MERCEDES-BENZ USA, LLC, Defendant.

Plaintiff Phat T. Lien (“Lien”) brings this action for breach of warranty under California’s Song-Beverly Consumer Warranty Act. See Compl. (dkt. 1-1). Defendant Mercedes-Benz seeks dismissal of the case, primarily relying on Rodriguez v. FCA US., LLC, 77 Cal. App. 5th 209 (2022), which held that a used vehicle purchased with an unexpired express warranty was not a “new motor vehicle” under the Act. Id. at 220–22; Mot. (dkt. 8). The California Supreme Court has granted review of Rodriguez, and has instructed that it “may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion . . . to choose between sides of any such conflict.” Rodriguez v. FCA US, 512 P.3d 654, 654 (Cal. 2022). …