Yung Kim v. General Motors, LLC

Renee Fisher, Deputy Clerk.

I.

INTRODUCTION

Plaintiff Yung Kim brings this putative class action against Defendant General Motors, LLC (“GM”), alleging that GM engaged in a systematic and misleading advertising scheme in which EPA estimated mileage figures and numbers derived from these figures were represented as “actual, expected mileage under normal, real world driving conditions.” (Docket No. 4, First Am. Compl. (“FAC”) ¶ 25.) Earn brings a number of state law claims, including for violations of California’s consumer protection and unfair competition laws, and for fraud. (Id. ¶¶ 39-68.) GM now moves, under Federal Rule of Civil Procedure 12(b)(6), to dismiss Plaintiffs amended complaint. (Docket No. 7.) For the reasons that follow, the Court concludes that the motion should be GRANTED in part and DENIED in part.

II.

BACKGROUND

Plaintiff purchased a new, 2011 GMC Terrain crossover vehicle (“Terrain”) on or about January 3, 2011, at a California GM dealership. (FAC ¶ 9.) Prior to his purchase, Plaintiff had viewed television commercials and print advertisements about the Terrain, read about the vehicle in various magazines, visited GM’s website, and on several occasions…