Barboza

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 CRYSTAL M. BARBOZA, CASE NO. 1:22-CV-0845 AWI CDB

Plaintiff

ORDER ON DEFENDANT’S MOTION

v. TO DISMISS

MERCEDES-BENZ USA, LLC, MERCEDES-BENZ OF BAKERSFIELD, (Doc. No. 18) and DOES 1-10 inclusive,

Defendants

13 This case arises out of the sale of an allegedly defective Mercedes-Benz automobile. Following an order that granted a Rule 12(b)(6) motion to dismiss, the active complaint is the First Amended Complaint (“FAC”). In the FAC, Plaintiff Crystal M. Barboza brings three claims under the federal Magnuson-Moss Warranty Act (“MMWA”) (15 U.S.C. § 2300 et seq.), the California Unfair Competition Law (“UCL”) (Cal. Business & Professions Code § 17200 et seq.), and the California Commercial Code. Currently before the Court is Defendant Mercedes-Benz USA, LLC’s (“MBU”) Rule 12(b)(6) motion to dismiss. For the reasons that follow, MBU’s motion to dismiss will be granted, and the FAC will be dismissed without leave to amend. 22 …