Montgomery v. Ford Motor Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ALISON MONTGOMERY, Case No. 19-cv-07086-BLF
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS WITH LEAVE TO AMEND
FORD MOTOR COMPANY, [Re: ECF 9] Defendant.
12 Plaintiff, Alison Montgomery, brings this action arising from a lease of a Ford Escape (the “Vehicle”) on or about February 17, 2013. Plaintiff alleges two Song-Beverly Consumer Warranty Act causes of action against Ford Motor Company (“Ford”): (1) breach of implied warranty of merchantability and (2) breach of express warranty. See Compl., ECF 1-2. Before the Court is Ford’s Motion to Dismiss Plaintiff’s Complaint under Federal Rule of Civil Procedure 12(b)(6). Mot., ECF 8. Plaintiff did not file an opposition to Ford’s motion. Pursuant to Civ. L. R. 7-1(b), the Court finds Ford’s unopposed motion suitable for submission without oral argument and hereby VACATES the hearing scheduled for March 19, 2020. For…