Richard K. Magee v. General Motors LLC

I. BACKGROUND

On July 20, 2023, Plaintiff Richard K. Magee sued GM and Does 1–10 in the Superior Court of the State of California, County of Riverside, alleging violations of the California Song- Beverly Act, fraud, and violations of California Business & Professions Code section 17200. (See “Complaint,” Dkt. No. 1-1.) On August 23, 2023, Defendant removed the action on the basis of diversity jurisdiction. (“Notice of Removal,” Dkt. No. 1.)

On September 13, 2023, Defendant filed a motion to dismiss Plaintiff’s fourth and fifth causes of action for fraud (misrepresentation and concealment) and violations of the so-called “fraudulent prong” of California Business & Professions Code section 17200 (collectively, Plaintiff’s “fraud claims”). (See MTD.) In support of the motion, Defendant filed a declaration of Peter A. Strotz. (“Strotz Decl. ISO MTD,” Dkt. No. 11-1.) Plaintiff filed his opposition on September 21, 2023. (“Opp. to MTD,” Dkt. No. 16.) Defendant replied on October 2, 2023. (“Reply to MTD,” Dkt. No. 19.)

On September 20, 2023, Plaintiff filed a motion to remand. (MTR.) Defendant filed an opposition on September 25, 2023. (“Opp. to MTR,” Dkt. No. 17.) In…