Lassen

ORDER GRANTING MOTION TO DISMISS COMPLAINT [121] [26] [29] [28] [31] [33]

This Order resolves motions to dismiss in five related consumer fraud class action lawsuits against six Automakers concerning vehicles equipped with keyless fob ignition systems that lack an auto-off feature. The Plaintiffs assert that their vehicles’ lack of an auto-off feature constitutes a design defect that the Automakers had a duty to disclose before sale. The Plaintiffs claim that by not disclosing before sale that the vehicles lacked auto-off, the Automakers engaged in fraud. The Automakers move to dismiss on numerous grounds. 1 The Court heard oral argument on June 27, 2016. For the following reasons, the motions to dismiss are GRANTED.

I. PROCEDURAL BACKGROUND

All of the Plaintiffs originally filed their claims in August 2015 in a single Complaint against eighteen Automakers and their design entities. See Patricia Lassen, et al v. Nissan North America, Inc., et al., No. 2:15-cv-06491-AB-MRW (C.D. Cal. filed August 26, 2015) (original action). That Complaint was filed by twenty-seven Plaintiffs, and asserted thirty-one causes of action under the law of nine states. In November 2015, the Automakers…