Kirzhner v. Mercedes-Benz USA, LLC

*455This case under the Song-Beverly Consumer Warranty Act ( Civ. Code, § 1790 et seq., Act), concerned an allegedly defective car which could not be repaired after multiple attempts. Plaintiff Allen Kirzhner accepted an offer of compromise pursuant to Code of Civil Procedure section 998 (998 offer) from defendant Mercedes-Benz USA, LLC, including a restitution provision identical to Civil Code section 1793.2, subdivision (d)(2)(B) ( section 1793.2(b)(2)(B) ; all further statutory references are to the Civil Code).

The court awarded plaintiff over $47,000 in accordance with the 998 offer.

Plaintiff…