Spindler

Spindler v. General Motors, LLC

Good Law
United States District Court, Northern District of CaliforniaJuly 21, 20223:21-cv-09311California4,125 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DOUG SPINDLER, et al., Case No. 21-cv-09311-WHO

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS FIRST AMENDED

GENERAL MOTORS, LLC, COMPLAINT Defendant. Re: Dkt. No.

12 Defendant General Motors, LLC (“GM”) moves to dismiss an amended class action complaint filed by plaintiffs Doug Spindler and Makesha Satterwhite (“the plaintiffs”), who allege various claims arising from a “shifter defect” in GM vehicles that prevents those vehicles from recognizing when they are placed in park. The motion is DENIED in part and GRANTED in part. Having addressed most of GM’s arguments on the prior motion to dismiss, which I denied for the majority of the claims, the plausibility of only three claims is now at issue. The Magnuson-Moss Warranty Act (“MMWA”) claim is DISMISSED, as the plaintiffs concede that they have not met the statutorily required number of named plaintiffs. GM’s motion is…

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