Lawson
Lawson v. BMW of North America LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 MICHAEL LAWSON, Case No. 21-cv-02063-BLF
Plaintiff,
ORDER GRANTING DEFENDANT
v. CARMAX’S MOTION TO DISMISS
WITH LEAVE TO AMEND
BMW OF NORTH AMERICA LLC, et al., [Re: ECF No. 47] Defendants.
12 Plaintiff Michael Lawson (“Plaintiff”) brings this action against BMW of North America (“BMWNA”); Stevens Creek B, Inc. (“Stevens Creek”); and CarMax Auto Superstores, Inc. (“CarMax”), alleging negligent repair and restitution by Stevens Creek, breach of express warranty by BMWNA, and violation of the Magnuson-Moss Warranty Act (“MMWA”) by BMWNA and CarMax. ECF No. 41 (“FAC”). Before the Court is Defendant CarMax’s motion to dismiss. See ECF No. 47 (“MTD”); see also ECF No. 49 (“Reply”). Plaintiff opposes the motion. See ECF No. 48 (“Opp.”). The Court finds the motion suitable for disposition without oral argument and VACATES the hearing set for August 24, 2023. See Civ. L.R.…