Phillips
Phillips v. General Motors LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
NICHOLAS FRANCIS PHILLIPS, Case No. 1:24-cv-00537-JLT-SAB
Plaintiff, ORDER STRIKING FIRST AMENDED
COMPLAINT
v. (ECF No. 16) GENERAL MOTORS LLC, Defendant.
16 On April 3, 2024, Plaintiff Nicholas Francis Phillips filed a complaint in this matter alleging violations of the Song-Beverly Consumer Warranty Act. (ECF No. 1-1.) On May 6, 2024, Defendant General Motors filed an answer to the complaint in state court and removed this matter to the Eastern District of California. (ECF Nos. 1, 8-1.) On September 20, 2024, Plaintiff filed a first amended complaint in this matter. (ECF No. 16.) Amendment of the complaint is governed by Rule 15 of the Federal Rules of Civil Procedure which provides that a party may amend the party’s pleading once as a matter of course within twenty-one days of serving it or within twenty-one days after a motion to dismiss has been filed. Fed. R. Civ. P. 15(a)(1). Otherwise, a party may amend only by leave of the court or by written consent of the…