Basir Zahir v. Mercedes Benz-USA, LLP

District Court, C.D. California·Decided April 30, 2025·No. 8:25-cv-00450·Unknown

Opinion

_________________________________________________________________ UNITED STATES DISTRICT COURT JS-6 CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. 8:25-cv-00450-FWS-JDE Date: April 30, 2025 Title: Basir Zahir v. Mercedes Benz-USA, LLP et al. Present: HONORABLE FRED W. SLAUGHTER, UNITED STATES DISTRICT JUDGE

Rolls Royce Paschal N/A Deputy Clerk Court Reporter

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

Not Present Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER GRANTING PLAINTIFF’S MOTION TO REMAND [13]

Plaintiff Basir Zahir (“Plaintiff”) filed this case in state court asserting ten claims against Defendant Mercedes Benz USA, LLC (“Defendant”) related to a lease on a 2022 Mercedes-Benz. (Dkt. 1-2 (“Complaint”) ¶¶ 1-8.) Defendant removed the case to this court based on diversity jurisdiction. (Dkt. 1 (“Notice of Removal” or “NOR”).) On March 21, 2025, Plaintiff filed a First Amended Complaint, adding as a party the dealership that leased Plaintiff the car, Defendant House of Imports, Inc. (the “Dealership”). (Dkt. 11 (“First Amended Complaint” or “FAC”) ¶¶ 61-70.) Before the court is Plaintiff’s Motion to Remand. (Dkt. 13 (“Motion” or “Mot.”).) Defendant opposes the Motion. (Dkt. 14 (“Opposition” or “Opp.”).) Plaintiff filed a reply in support of the Motion. (Dkt. 20 (“Reply”).) The court finds this matter appropriate for resolution without oral argument. See Fed. R. Civ. P. 78(b) (“By rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings.”); C.D. Cal. L.R. 7-15 (authorizing courts to “dispense with oral argument on any motion except where an oral hearing is required by statute”). Accordingly, the hearing set for May 8, 2025, is VACATED and off calendar. Based on the state of the record, as applied to the applicable law, the court GRANTS the Motion.

I. Background _________________________________________________________________ UNITED STATES DISTRICT COURT JS-6 CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. 8:25-cv-00450-FWS-JDE Date: April 30, 2025 Title: Basir Zahir v. Mercedes Benz-USA, LLP et al. On June 17, 2022, Plaintiff leased a 2022 Mercedes-Benz S500V4 (the “Vehicle”) which Defendant manufactured, distributed, or sold. (FAC ¶ 4.) Plaintiff received an express written warranty from Defendant that it would “provide compensation if there is a failure in utility or performance for a specified period of time,” (id. ¶ 6). The warranty further provided that “in the event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver the Vehicle for repair services to [Defendant’s] representative and the Vehicle would be repaired.” (Id.) During the warranty period, the Vehicle developed various defects that caused the Vehicle to have a fuel odor while driving, issues starting the car, battery and oil warnings while driving, problems with air conditioning, and the check engine light illuminating while driving. (Id. ¶ 7.) The Dealership failed to repair the Vehicle in a good and workmanlike manner. (Id. ¶ 64.)

Based on these facts, Plaintiff alleges claims for (1) breach of the implied warranty of merchantability, (2) breach of the implied warranty of fitness, (3) breach of the express warranty, (4) failure to promptly repurchase product, (5) failure to commence repairs within a reasonable time, (6) failure to complete repairs within 30 days, (7) failure to maintain sufficient service and repair facilities, (8) failure to make service literature and parts available, (9) advertising defective merchandise without disclosing defects, and (10) conversion against Defendant. (Id. ¶¶ 9-60.) Plaintiff also brings claims for (11) negligence and (12) violation of California Civil Code § 1796.5 against the Dealership. (Id. ¶¶ 61-70.)

II. Legal Standard

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Basir Zahir v. Mercedes Benz-USA, LLP, (C.D. Cal. 2025).

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