Kuyawa

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CONRAD J. KUYAWA, Case No. 23-cv-05712-WHO

8 Plaintiff,

ORDER GRANTING MOTION TO

9 v. DISMISS

10 MERCEDES- BENZ USA, LLC, et al., Re: Dkt. No. 12 Defendants. 11

12 This is a lemon law case brought by plaintiff Conrad J. Kuyawa against defendant 13 Mercedes-Benz, USA, LLC (“MBUSA”) for alleged violations of California’s Song-Beverly 14 Consumer Act (“the Act”) Cal. Civ. Code § 1790, et seq., and the federal Magnuson-Moss 15 Warranty Act (the “MMWA”) 15 U.S.C. § 2301, et seq. Kuyawa alleges that MBUSA violated its 16 express warranty, implied warranty of merchantability, and duty to “repair or replace.” He also 17 invokes the MMWA as an avenue for relief under violations of state law. These claims fail for 18 several reasons. First, the Act does not create express warranty obligations that bind the original 19 manufacturer of preowned vehicles, absent certain circumstances that are not present here. 20 Second, its implied warranty provision applies only to goods already…