Chulick-Perez
Chulick-Perez v. Carmax Auto Superstores California, LLC
Opinion
Lead Opinion
Nunley, J.
MEMORANDUM AND ORDER
The matter is before the Court on Defendant CarMax Auto Superstores California LLC’s (“Defendant”) Motion to Dismiss (ECF No. 15) Plaintiff Michelle R. Chulick-Perez’s (“Plaintiff’) First Amended Complaint (“FAC”) (ECF No. 26). For the reasons discussed below, Defendant’s motion to dismiss is GRANTED, with leave for Plaintiff to amend.
*1146 I. Facts
Plaintiff was in the market for a used vehicle with all-wheel drive capability. In the months prior to Plaintiffs purchase from Defendant, in or about November 2011, Plaintiff viewed and heard Defendant’s television and radio advertisements, which stated that Defendant sold quality, “certified” vehicles. At various points thereafter, Plaintiff visited Defendant’s website, and viewed statements to the effect that Defendant’s vehicles were certified. (ECF No. 26 ¶¶ 11-14.)
On December 15, 2011, Plaintiff viewed an advertisement for the vehicle she ultimately purchased, a 2003 BMW X5, on Defendant’s website. Plaintiff e-mailed Defendant to inquire about the vehicle, and was informed via a response email that another customer had reserved it. However, the following morning, on December 16, 2011, Plaintiff called…