Gunn

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 JAMES GUNN, et al., on behalf of Case No. 22-cv-02229-JD themselves and all others similarly situated, 5 Plaintiffs, SECOND ORDER RE MOTION TO DISMISS v.

FCA US, LLC,

8 Defendant.

9 The Court dismissed plaintiffs’ original complaint in its entirety, with leave to amend. Dkt. No. 70. The grounds for dismissal were straightforward. Plaintiffs alleged that the “destination charges” disclosed in the familiar Monroney stickers on all new vehicles for sale did not disclose to consumers that the charges included a profit component in addition to actual delivery costs. Id. at 2-3. The problem was that plaintiffs acknowledged that the Monroney stickers plainly stated the destination charges in full, and that their claims were “not premised on a misrepresentation, non-disclosure, or other act of deception.” Id. at 5. The Court concluded that these concessions foreclosed the consumer claims alleged under California state law, and that plaintiffs’ “public policy”…