Moreno Ortega v. Nissan North America, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS EMMANUEL MORENO No. 1:22-cv-01581-ADA-EPG
ORTEGA,
ORDER ADOPTING FINDINGS AND Plaintiff, RECOMMENDATIONS IN FULL 13 v. (ECF No. 11)
NISSAN NORTH AMERICA, INC.,
15 Defendant. 16 On December 9, 2022, Plaintiff Carlos Emmanuel Moreno Ortega (“Plaintiff”) filed this action bringing California state law claims arising from an allegedly defective vehicle. (ECF No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 19, 2023, the assigned Magistrate Judge entered findings and recommendations, recommending that Defendant’s motion to dismiss be denied as moot because Plaintiff amended the complaint after the motion to dismiss was filed. (ECF No. 11); see Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (“Because the Defendants’ motion to dismiss targeted the Plaintiff’s First Amended Complaint, which was no longer…