Kubler v. General Motors LLC, a Delaware limited liability company

Filing 31

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH LEAVE TO AMEND granting 10 Motion to Dismiss. (Illston, Susan) (Filed on 11/13/2023)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 KLAUS KUBLER, Plaintiff, 6 v. 7 8 Case No. 23-cv-04325-SI GENERAL MOTORS LLC, Defendant. 9 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH LEAVE TO AMEND Re: Dkt. No. 10 United States District Court Northern District of California 10 11 Before the Court is defendant’s motion to dismiss the fourth and fifth causes of action of 12 plaintiff’s complaint. Dkt. No. 10.1 Plaintiff requests leave to file a First Amended Complaint. Dkt. 13 No. 18. Defendant does not oppose permitting plaintiff to serve an Amended Complaint, but 14 requests that the Court dismiss the fraud claims for failure to state a cause of action on which relief 15 may be granted. Dkt. No. 21 at 3. For the reasons set forth in the order on motion to dismiss at Dkt. 16 No. 31 in 23-cv-04358-SI, Wieg et al. v. General Motors LLC, the Court GRANTS defendant’s 17 motion to dismiss WITH LEAVE TO AMEND.2 Plaintiff shall file the first amended complaint no 18 later than November 17, 2023. 19 20 21 IT IS SO ORDERED. Dated: November 13, 2023 ______________________________________ SUSAN ILLSTON United States District Judge 22 23 24 25 26 27 28 The fifth cause of action in plaintiff’s complaint alleges violations of California’s Unfair Competition Law, Cal. Bus. & Prof. Code Section 17200, et seq. This statute prohibits “any unlawful, unfair… or fraudulent business act or practice.” Defendant does not move to dismiss alleged violations of the “unlawful” and “unfair” prongs, only alleged violations of the “fraudulent” prong. See Dkt. No. 10 at 1. 1 2 Counsel for plaintiff and defendant are the same in 23-cv-04358-SI and the present action and the briefs are virtually identical.

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