Moreno Ortega v. Nissan North America, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 CARLOS EMMANUEL MORENO Case No. 1:22-cv-01581-ADA-EPG
ORTEGA,
11 Plaintiff, FINDINGS AND RECOMMENDATIONS TO v. DENY DEFENDANT’S MOTION TO DISMISS AS MOOT
NISSAN NORTH AMERICA, INC.,
(ECF No. 6) Defendant.
16 On December 9, 2022, Plaintiff filed this action bringing California state law claims 17 arising from an allegedly defective vehicle. (ECF No. 1). On January 4, 2023, Defendant filed a 18 motion to dismiss under Federal Rule of Civil Procedure 12(b). (ECF No. 6). On January 12, 19 2023, the presiding District Judge referred the motion to dismiss for the preparation of findings 20 and recommendations or other appropriate action. (ECF No. 9). On January 18, 2023, Plaintiff 21 filed a first amended complaint. (ECF No. 10). 22 As Plaintiff’s amended complaint supersedes the original complaint, Defendant’s motion to dismiss is moot. See Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir.…