ROBERT BATTAGLIA vs. MERCEDES-BENZ USA, LLC

Case No.: CV1804212    

NATURE OF PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT — OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION [DEFT] MERCEDES-BENZ USA, LLC

RULTN G

The motion for summary judgment by defendant Mercedes—Benz USA, LLC (“Defendant”) as to plaintiff Robert Battaglia’s (“Plaintiff”) complaint for violation of the Song -Beverly Consumer Warranty Act1 is DENIED. Plaintiff has proffered sufficient evidence establishing a triable issue of fact for a jury to decide. (Code Civ. Proc. §437c(p)(2).)

Evidentiar}; Obiectinns

Plaintiff‘s evidentiary objections to the statements made by attorney James P. Mayo in his declaration are SUSTAINED (See Evidentiary Objection Nos. 1-8.) However, the court has considered the evidence attached to Mr. Mayo’s declaration as the evidence proffered in support of Defendant’s separate statement of facts is sufficiently authenticated. (See The Luckman Partnership, Inc. v. Superior Court (2010) 184 Cal.App,4th 30, 34-35 [........