Moreno Ortega v. Nissan North America, Inc.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CARLOS EMMANUEL MORENO ORTEGA, Case No. 1:22-cv-01581-ADA-EPG

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO GRANT, IN PART, DEFENDANT’S

MOTION TO DISMISS

NISSAN NORTH AMERICAN, INC., (ECF No. 12) Defendant.

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

16 17 Plaintiff Carlos Emmanuel Moreno Ortega sues Defendant Nissan North American, Inc., alleging that Defendant fraudulently induced him to buy a vehicle containing various defects and thereafter failed to comply with its warranty obligations. (ECF No. 10). Defendant moves to dismiss the case for failure to state a claim upon which relief may be granted, arguing that Plaintiff fails to adequately allege a defect for his warranty claims and fails to adequately allege the Defendant knew of any defect in his vehicle prior to the sale to establish fraud. (ECF No. 12). The presiding District Judge has referred the motion for the preparation of findings and…