Michael Leigh v. General Motors, LLC et al

Filing 35

ORDER DISMISSING FRAUD AND UCL CLAIMS AND REMANDING CASE TO STATE COURT by Judge George H Wu. Based on the foregoing, the Court therefore ORDERS that the Fourth and Fifth Causes of Action be dismissed with prejudice, and that this case be REMANDED to the Los Angeles Superior Court, Case No.: 23CHCV03424. (See document for further details). (Case Terminated. Made JS-6.) (aco)

REMAND / JS-6
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

MICHAEL LEIGH,

12
13
14
15
16
17
18
19

Plaintiff,

Case No. CV 23-10336-GW-MRWx
Honorable George H. Wu

v.

ORDER DISMISSING FRAUD AND
UCL CLAIMS AND REMANDING
GENERAL MOTORS LLC, a
limited liability company; and DOES CASE TO STATE COURT
1 through 10, inclusive,
Complaint Filed: November 7, 2023
Defendants.
Removed:
December 8, 2023
First Amended
Complaint Filed: January 25, 2024
Los Angeles Superior Court Case No.
23CHCV03424

20
21
22
23
24
25
26
27
28

1
[PROPOSED] ORDER DISMISSING FRAUD & UCL AND REMANDING CASE

ORDER

1
2
3

On March 21, 2024, Michael Leigh (“Plaintiff”) and General Motors LLC

4

(“Defendant” or “GM”), by and through their counsel of record, filed a Stipulation of

5

Maximum Damages Limit, Dismissal of Claims and to Remand Removed Action

6

(“Stipulation”). Specifically, the Parties stipulated that because any and all of

7

Plaintiff’s damages shall never under any circumstance exceed $75,000.00, this court

8

no longer has subject matter jurisdiction of Plaintiff’s civil action as this case does not

9

meet the minimum amount in controversy.

10

The Court having tentatively granted GM’s Motion to Dismiss Plaintiff’s

11

Fourth Cause of Action for Fraud and Fifth Cause of Action for Violation of Business

12

& Professions Code §17200 (“UCL”), the Parties stipulated to dismiss with prejudice

13

both the Fourth Cause of Action for Fraud and the Fifth Cause of Action for UCL

14

violation.

15

Based on the foregoing, the Court therefore ORDERS that the Fourth and Fifth

16

Causes of Action be dismissed with prejudice, and that this case be REMANDED to

17

the Los Angeles Superior Court, Case No.: 23CHCV03424.

18
19

IT IS SO ORDERED.

20
21
22

Dated: March 22, 2024

__________________________________
HON. GEORGE H. WU,
United States District Judge

23
24
25
26
27
28
2

[PROPOSED] ORDER DISMISSING FRAUD & UCL AND REMANDING CASE