Garcia
Garcia v. Harley-Davidson Motor Company, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RONALD GARCIA, Case No. 19-cv-02054-JCS
8 Plaintiff,
ORDER REGARDING MOTION TO
9 v. DISMISS FIRST AMENDED
COMPLAINT
10 HARLEY-DAVIDSON MOTOR COMPANY, INC., et al., Re: Dkt. No. 41 11 Defendants.
12 13 I. INTRODUCTION 14 In this putative class action, Plaintiff Ronald Garcia alleges that several models of 15 motorcycles sold by Defendant Harley-Davidson Motor Company, Inc. (“Harley-Davidson”) 16 included a defective antilock braking system (“ABS”) prone to premature failure during normal 17 operation of the motorcycle. Harley-Davidson moves to dismiss Garcia’s first amended complaint 18 under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court hearing on November 15, 19 2019. For the reasons discussed below, the motion is GRANTED in part and DENIED in part. 20 Garcia may file a second amended complaint no later than December 6, 2019.1 21 II. ALLEGATIONS OF THE COMPLAINT 22 Plaintiff Ronald Garcia purchased a new 2008 Harley-Davidson…