Van Horn v. General Motors, LLC

Good Law
United States District Court, Northern District of CaliforniaMarch 27, 20245:23-cv-04320California796 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STACY WINTER VAN HORN, Case No. 23-cv-04320-PCP

Plaintiff,

ORDER GRANTING LEAVE TO FILE

v. AMENDED COMPLAINT AND

DENYING MOTION TO REMAND

GENERAL MOTORS, LLC, Re: Dkt. Nos. 11, 18 Defendant.

12 Plaintiff Stacy Van Horn purchased an electric Chevrolet Bolt from defendant General Motors LLC (GM) in October 2020. In her complaint, she makes identical allegations against GM as plaintiff Corey Ching in Ching v. General Motors LLC, No. 23-cv-04442. GM again moves to dismiss two claims in the complaint for failing to plead fraud with particularity under Federal Rule of Civil Procedure 9(b), and Van Horn requests leave to amend her complaint in response. For the same reasons discussed in Ching, Dkt. No. 33 (N.D. Cal. Mar. 27, 2024), the Court grants Van Horn’s request for leave to file an amended complaint, which must be filed within 21 days of this Order.1 The sufficiency of Van Horn’s allegations of fraud will best be addressed after Van Horn has…

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