Earley

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PERRY ALLEN EARLEY, Case No.: 23-cv-2359-WQH-DEB

Plaintiff, ORDER v. 13 GENERAL MOTORS, LLC, a Delaware Limited Liability Company; DOES 1 through 10, inclusive, Defendants. HAYES, Judge: The matter before the Court is the Motion to Dismiss Plaintiff’s Complaint for Failure to State a Claim (“Motion to Dismiss”) (ECF No. 5) filed by Defendant General Motors LLC (“Defendant” or “General Motors”). I. BACKGROUND On November 21, 2023, Plaintiff initiated this action by filing a Complaint in the Superior Court of California, County of San Diego, Case No. 87-2023-00050823-GU-BC- CTL. (ECF No. 1-2, Compl.) On December 28, 2023, Defendant removed the action to this Court on the basis that the Court has diversity jurisdiction over this dispute. (ECF No. 1, NOR.) 28 On January 1, 2024, Defendant filed the Motion to Dismiss. (ECF No. 5.) On January 16, 2024, Plaintiff filed a Response in opposition to the…