GONZALEZ et al v. MAZDA MOTOR CORPORATION et al

Filing 43

ORDER GRANTING DEFERRED PORTION OF DEFENDANTS' MOTION TO DISMISS; RESCHEDULING CASE MANAGEMENT CONFERENCE. To the extent plaintiffs were given leave to amend certain of the earlier-dismissed claims, any Second Amended Complaint is due no later than February 23, 2017. The Initial Case Management Conference is rescheduled for April 7, 2017. A Joint Case Management Statement shall be filed no later than March 31, 2017. Signed by Judge Maxine M. Chesney on 02/09/17. (mmclc2, COURT STAFF) (Filed on 2/9/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IRIS GONZALEZ, et al.,
Plaintiffs,

United States District Court
Northern District of California

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Case No. 16-cv-02087-MMC

v.
MAZDA MOTOR CORPORATION, et al.,

ORDER GRANTING DEFERRED
PORTION OF DEFENDANTS’ MOTION
TO DISMISS; RESCHEDULING CASE
MANAGEMENT CONFERENCE

Defendants.

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On September 23, 2016, defendants Mazda Motor Corporation and Mazda Motor

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of America, Inc.’s (collectively, “Mazda”) filed, pursuant to Rule 12(b)(6) of the Federal

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Rules of Civil Procedure, a motion to dismiss certain of the claims alleged in the First

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Amended Complaint, filed July 15, 2016. On October 21, 2016, plaintiffs Megan

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Humphrey and Matthew Ochmanek (collectively, “California Plaintiffs”) and plaintiffs Iris

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Gonzalez, Charles Bunch, Anne Stom, David Woodward, Greg Thomason, Lisa Massa,

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Dan Carney, Lorie Bender, Andrew Bauer, Linda Foley, Lou Graziani (collectively, “Non-

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California Plaintiffs”) filed opposition, to which Mazda, on November 11, 2016, replied.

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The matter came on regularly for hearing on December 2, 2016.

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On January 5, 2017, the Court issued an order (“January 5 Order”) granting in

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part, denying in part, and deferring ruling in part on Mazda’s motion to dismiss and, at

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plaintiffs’ request, afforded the parties an opportunity to file supplemental briefing as to

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the claims on which the Court had deferred ruling. On January 20, 2017, and January

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27, 2017, respectively, plaintiffs and Mazda filed their supplemental briefs.
The Court, having considered the parties’ respective initial and supplemental

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written submissions as well as the arguments of counsel at the hearing, rules as follows

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on the deferred portion of Mazda’s motion.

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As set forth in the January 5 Order, Mazda moves to dismiss the First Cause of
Action (California Consumer Legal Remedies Act) and Second Cause of Action

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(California Unfair Competition Law), to the extent such claims are brought on behalf of

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the Non-California Plaintiffs; in particular, Mazda argues, such claims “should be

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governed by the consumer protection laws of the jurisdiction[s] in which the transaction[s]

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took place.” (See Defs.’ Mot. at 4:25-5:5.) As further set forth in the January 5 Order, the

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United States District Court
Northern District of California

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sole remaining issue for the Court’s resolution is whether there are “material differences”

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between California law and the laws of the states in which the transactions took place.

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See Mazza v. Am. Honda Co., 666 F3d 581, 590 (9th Cir. 2012).

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In that regard, Mazda, at the time it filed the instant motion, submitted substantial

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evidence in support of its argument that material differences exist between California law

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and the law of each of the states in which a Non-California Plaintiff resides, and plaintiffs,

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by the January 5 Order, were afforded the opportunity to submit evidence and argument

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to the contrary. In their supplemental brief, plaintiffs have now advised the Court that

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they have decided to “rest on their arguments set forth in their dismissal brief and during

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oral argument.” (See Pl.’s Br. filed Jan. 20, 2017, at 1:8-9.)

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Accordingly, to the extent the First and Second Causes of Action are brought on

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behalf of the Non-California Plaintiffs, Mazda’s motion to dismiss is hereby GRANTED

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and said claims are hereby DISMISSED.

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Further, in accordance with the January 5 Order, to the extent plaintiffs were given

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leave to amend certain of the earlier-dismissed claims, any Second Amended Complaint

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is due no later than February 23, 2017.

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Lastly, the Initial Case Management Conference, previously vacated in light of the
then-pending motion to dismiss, is hereby RESCHEDULED for April 7, 2017. A Joint
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Case Management Statement shall be filed no later than March 31, 2017.

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IT IS SO ORDERED.

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Dated: February 9, 2017
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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