Torres

I. INTRODUCTION

18 Before the Court is Defendant General Motors LLC’s (“GM”) Motion to Dismiss 19 the Complaint, filed on January 3, 2025, pursuant to Federal Rule of Civil Procedure 20 12(b)(6). (ECF No. 4). The Motion was originally noticed for hearing on February 3, 21 2025. However, the Court, exercising its discretion to manage its docket, vacated the 22 hearing date sua sponte and took the matter under submission without oral argument. 23 Plaintiff was served with the Motion to Dismiss and, pursuant to the Civil Local 24 Rules, was expected to respond within the time provided by the rules. Plaintiff has not 25 filed any response or requested an extension of time. The Court now considers whether 26 dismissal of the action is appropriate, considering the Court is not in receipt of any 27 opposition. For the reasons discussed below, the Court GRANTS the Motion to Dismiss 28 WITHOUT PREJUDICE.

II. PROCEDURAL BACKGROUND

3 Plaintiff filed the Complaint in San Diego Superior Court on November 25, 2024. 4 (ECF No. 1). Defendant GM removed the case to this Court on December 27, 2024, 5 asserting federal jurisdiction under 28 U.S.C. § 1331. (ECF No. 1). On January 3,…