Falk

ORDER ON MOTION TO DISMISS

INTRODUCTION

In this putative class action against General Motors Corporation, plaintiffs bring suit for defective speedometers in their GM trucks and sports utility vehicles, alleging violations of California’s Consumers Legal Remedies Act and Unfair Competition Laws. Plaintiffs also allege damages due to fraud by omission and unjust enrichment. Defendant’s motion to dismiss for failure to state a claim under Rules 12(b)(6) and 9(b) is hereby Denied as to the CLRA, UCL and fraud by omission claims and Granted as to the unjust enrichment claim.

STATEMENT

Plaintiffs are California residents who purchased trucks or sport utility vehicles from- GM between 2003’ and 2007. In the case of each plaintiff, the speedometer on his or her vehicle ceased to function properly after the expiration of the vehicle’s warranty. Plaintiffs claim damages suffered on account of these broken speedometers.

Plaintiff Ray Falk purchased a new GMC Sierra from a dealer in 2003. In February of 2007, after driving approximately 45,000 miles, Falk noticed that his speedometer was sticking, moving in jerky increments, and reading incorrect speeds. Falk claims that the speedometer…