Moreno Ortega v. Nissan North America, Inc.

Filing 29

ORDER ADOPTING 28 Findings and Recommendations in Full, signed by District Judge Ana de Alba on 07/20/2023. Case is referred back to Magistrate Judge for further proceedings. (Maldonado, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

CARLOS EMMANUEL MORENO
ORTEGA,
Plaintiff,

13
14
15
16

No. 1:22-cv-01581-ADA-EPG
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL
(ECF No. 28)

v.
NISSAN NORTH AMERICAN, INC.,
Defendant.

17
18

Plaintiff Carlos Emmanuel Moreno Ortega (“Plaintiff”) filed this civil action against

19

Defendant Nissan North American Inc. (“Defendant”) alleging that Defendant fraudulently induced

20

him to buy a vehicle containing various defects and thereafter failed to comply with its warranty

21

obligations. (ECF No. 1.) On February 1, 2023, Defendant filed a motion to dismiss pursuant to

22

Federal Rule of Civil Procedure 12(b). (ECF No. 12.) The matter was referred to the assigned

23

Magistrate Judge on February 7, 2023, for the preparation of findings and recommendations and/or

24

other appropriate action. (ECF No. 15.)

25

On May 18, 2023, the assigned Magistrate Judge issued findings and recommendations,

26

recommending that the motion to dismiss filed by Defendant be granted in part, and denied in part.

27

(ECF No. 28.) The findings and recommendations advised the parties that they could file objections

28
1

1

within fourteen days of service. (Id. 14-15.) To date, neither party has filed objections and the

2

time to do so has expired.

3

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

4

Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

5

Court finds the findings and recommendations to be supported by the record and proper analysis.

6

Accordingly,

7

1.

8
9

The findings and recommendations issued on May 18, 2023, (ECF No. 28), are
ADOPTED IN FULL;

2.

Defendant’s motion to dismiss, (ECF No. 12), is GRANTED to the extent that it
requests dismissal of Plaintiff’s fraud claim;

10
11

3.

Plaintiff’s fraud claim is DISMISSED, with prejudice;

12

4.

Defendant’s motion to dismiss, (ECF No. 12), is DENIED to the extent that it

13

requests dismissal of Plaintiff’s remaining claims—the Song-Beverly Act claims;

14

and

15

5.

This matter is referred to the assigned Magistrate Judge for further proceedings.

16
17
18
19
20

IT IS SO ORDERED.
Dated:

July 20, 2023
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
2