Kuyawa

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CONRAD J. KUYAWA, Case No. 23-cv-05712-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

MERCEDES- BENZ USA, LLC, et al., Re: Dkt. No. 12 Defendants.

This is a lemon law case brought by plaintiff Conrad J. Kuyawa against defendant Mercedes-Benz, USA, LLC (“MBUSA”) for alleged violations of California’s Song-Beverly Consumer Act (“the Act”) Cal. Civ. Code § 1790, et seq., and the federal Magnuson-Moss Warranty Act (the “MMWA”) 15 U.S.C. § 2301, et seq. Kuyawa alleges that MBUSA violated its express warranty, implied warranty of merchantability, and duty to “repair or replace.” He also invokes the MMWA as an avenue for relief under violations of state law. These claims fail for several reasons. First, the Act does not create express warranty obligations that bind the original manufacturer of preowned vehicles, absent certain circumstances that are not present here. Second, its implied warranty provision applies only to goods already…