Uyeno

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 STEVEN UYENO, Case No. 3:23-CV-1555-L-JLB 12 Plaintiff, ORDER GRANTING MOTION TO vs. DISMISS WITH LEAVE TO AMEND 14 [ECF NO. 8] GENERAL MOTORS, LLC, et al, 16 Defendant. 17 Pending before the Court is a Motion to Dismiss (Mot. [ECF No. 8]) filed by Defendant General Motors (“GM”) in this action asserting California state law claims for breach of warranty, fraud, and violations of the Song Beverly Act and California Business and Professions Code § 17200 in connection with a car lease. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §1332(a). [See ECF No. 1.] Defendant argues that Plaintiff’s fraud claims must be dismissed for failure to plead with particularity required under Federal Rule of Civil Procedure 9(b). (Mot. at 3-4). Plaintiff does not oppose the substance of Defendant’s Motion but seeks leave to amend the Complaint to assert additional factual allegations in support of his fraud claims. (Oppo at 4-5 [ECF No. 9.]) In its Reply,…