Asghari

Asghari v. Volkswagen Group of America, Inc.

Good Law
42 F. Supp. 3d 1306·2013 WL 9885046·2013 U.S. Dist. LEXIS 189094
United States District Court, Central District of CaliforniaNovember 4, 2013Case No. CV 13-02529 MMM (VBKx)California16,621 words

Opinion

Lead Opinion

Morrow, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS

On May 1, 2012, Ali Asghari filed this action on his own behalf and on behalf of a nationwide class of similarly situated individuals, against Volkswagen Group of America, Inc. (“VW Group”), Volkswagen AG, and Audi AG (collectively, “defendants”). 1 On August 10, 2012, Asghari filed a first amended complaint, joining Augustino Lamia, Barbara Calver, Supalak Prasobratana, and Daniel Tran as named plaintiffs (collectively, “plaintiffs”).

VW Group moved to dismiss the first amended complaint on March 1, 2013. 3 Plaintiffs oppose the motion. 4 Volkswagen AG and Audi AG (collectively, “VW/Audi AG”) jointly filed a motion to dismiss the first amended complaint on May 16, 2013. 5 Plaintiffs oppose that motion as well.

I. BACKGROUND

A. Facts Alleged in the First Amended Complaint

Plaintiffs are California citizens who leased or purchased allegedly defective *1312 Audi A4 and A5 vehicles designed, manufactured, distributed, marketed, sold and/or leased by defendants. 7 Plaintiffs bring this lawsuit on their behalf and on behalf of a nationwide class of all current and former owners or lessees of any 2007…

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