Choy

1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 FRANK L. CHOY, Case No. 24-cv-00262-MMC

8 Plaintiff, ORDER GRANTING DEFENDANT'S

MOTION TO DISMISS; DISMISSING

9 v. FOURTH AND FIFTH CAUSES OF

ACTION, WITH LEAVE TO AMEND;

10 GENERAL MOTORS LLC, VACATING HEARING Defendant. 11

12 13 Before the Court is defendant General Motors LLC's "Motion to Dismiss Plaintiff's 14 Complaint for Failure to State a Claim," filed January 22, 2024, whereby defendant seeks 15 dismissal of plaintiff Frank L. Choy's Fourth and Fifth Causes of Action. Plaintiff has not 16 filed opposition.1 17 Having read and considered the papers filed in support of the motion, the Court 18 deems the matter appropriate for determination thereon, VACATES the hearing 19 scheduled for March 1, 2024, and hereby GRANTS the motion, as follows: 20 1. The Fourth Cause of Action, by which plaintiff asserts a claim of fraud, based 21 on the theory that defendant made false statements to plaintiff or,…