OCD Moving Services, LLC v. Navistar, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OCD Moving Services LLC, No. 2:20-cv-01307-KJM-JDP Plaintiff, ORDER Vv. Navistar Inc., Does 1-10, Defendants. 16 Plaintiff OCD Moving Services purchased a used truck and moving body from defendant Navistar. First Am. Compl. FAC’) 13, ECF No. 1-2. Plaintiff claims the truck exhibited 19 various mechanical problems immediately upon receipt, id. {| 20-21, which required a series of 20 costly repairs at its own expense, id. 51-84. Plaintiff claims a breach of implied warranties of merchantability and fitness for a particular purpose, breach of contract, and fraud. Navistar moves for Judgment on the Pleadings under Federal Rule of Civil Procedure 12(c). Mot., ECF No. 11. The motion is fully briefed and the court submitted it without a hearing. See Opp’n, ECF No. 13; Reply, ECF No. 15; Minute Order, ECF No. 14. As explained below, the motion is 25 granted. “After the…