Swearingen
Swearingen v. General Motors LLC, a Delaware limited liability company
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 DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' v. COMPLAINT WITH LEAVE TO AMEND
GENERAL MOTORS LLC,
Re: Dkt. No. 13 Defendant. 12 Defendant has filed a motion to dismiss the fourth and fifth causes of action of plaintiffs’ complaint. Dkt. No. 13. Plaintiffs request leave to file a First Amended Complaint. Dkt. No. 21. Defendant does not oppose permitting plaintiffs to serve an Amended Complaint, but requests that the Court dismiss the fraud claims for failure to state a cause of action on which relief may be granted. Dkt. No. 23 at 3. For the reasons set forth below, the Court GRANTS defendant’s motion to dismiss WITH LEAVE TO AMEND. Plaintiffs shall file their first amended complaint no later than November 17, 2023. 20 BACKGROUND I. …