Johnson v. Glock, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEVEN C. JOHNSON, Case No. 3:20-cv-08807-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

GLOCK, INC., et al., Re: Dkt. No. 46 Defendants.

12 Plaintiff Steven Johnson alleges, on behalf of himself and a proposed class, that defendants Glock, Inc., and Glock Ges.m.b.H (collectively, “Glock”) manufacture and sell defective guns without disclosing that defect to consumers. I previously granted Glock’s motion to dismiss with leave to amend due to various basic pleading failures. Glock now moves to dismiss the four misrepresentation by omission claims in the second amended complaint (“SAC”). Three of the claims are, on these allegations, time-barred and Johnson has not adequately pleaded that Glock had pre-sale knowledge of the alleged defect, requiring dismissal of the fourth. The motion is again granted with leave to amend. Because this is the second time dismissal is granted for essentially the same reason, a future…