Swearingen

Swearingen v. General Motors LLC, a Delaware limited liability company

Good Law
United States District Court, Northern District of CaliforniaNovember 6, 20233:23-cv-04314California427 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THOMAS WILLIAM SWEARINGEN, et Case No. 23-cv-04314-SI al., 8 Plaintiffs, ORDER GRANTING REQUEST FOR JUDICIAL NOTICE v. Re: Dkt. No.

GENERAL MOTORS LLC,

11 Defendant. 12 Before the Court is defendant’s request for judicial notice that the United States Environmental Protection Agency (“EPA”) estimated that 2020-2022 model-year Chevrolet Bolts have a total range of 259 miles, in support of its motion to dismiss plaintiffs’ complaint. Dkt. No. 14. For the reasons stated below, the Court GRANTS the request for judicial notice. “Generally, a district court may not consider material beyond the pleadings in ruling on a Rule 12(b)(6) motion.” Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1555 n.19 (9th Cir. 1990). However, under Federal Rule of Evidence 201, a court may take judicial notice of “matters of public record” that are not subject to reasonable dispute. Lee v. City of L.A., 250 F.3d…

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