Valencia

Valencia v. Volkswagen Group of America Inc.

Good Law
119 F. Supp. 3d 1130·2015 WL 4747533·2015 U.S. Dist. LEXIS 105555
United States District Court, Northern District of CaliforniaAugust 11, 2015Case No. 15-cv-00887-HSGCalifornia5,326 words

Opinion

Lead Opinion

Gilliam, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

Plaintiffs Ernesto Valencia, Adelina Duncan, Lorenzo Sava, Michelle Savage, Margarito De La Rosa, and Lenelyn De La Rosa-assert claims under the California’s Unfair Competition Law (“UCL”) and California’s Legal Remedies Act (“CLRA”), Breach of Implied Warranty under the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act, as well as for Unjust Enrichment, against Defendant Volkswagen Group of America, Inc. (“Volkswagen”). Plaintiffs’ claims arise from their purchase of 2009 through 2012 model year Volkswagen Routans, which they allege were manufactured with defective and dangerous brakes. On April 27, 2015, Volkswagen moved to dismiss each of Plaintiffs’ claims pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 23 (“Mot.”). Plaintiffs opposed that motion on May 27, 2015, Dkt. No. 36 (“Opp.”), and Volkswagen filed a reply on June 15, 2015, Dkt. No. 39 (“Reply”). The Court held a hearing on the motion on June 25, 2015.

*1134 The Court has carefully considered the arguments offered by the parties, both in their written submissions and during oral argument. For the reasons set…

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