Mulders

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARC ANTHONY MULDERS, Case No. 23-cv-06395-JSC

Plaintiff, ORDER RE: DEFENDANT'S MOTION v. TO DISMISS PLAINTIFF'S FIRST

AMENDED COMPLAINT

GENERAL MOTORS, LLC, Re: Dkt. No. 23 Defendant.

12 For the reasons stated on the record at the April 18, 2024, hearing, the Court GRANTS Defendant’s motion to dismiss. 1. Plaintiff’s affirmative misrepresentation claims based on General Motors’s marketing brochure as to the car’s battery charging capacity and indoor storage (Fourth Cause of Action) are dismissed because Plaintiff admitted at the hearing he failed to allege facts that plausibly support an inference General Motors knew its statements were false when made. As Plaintiff indicated he could allege additional facts plausibly supporting an inference of the requisite knowledge, these claims are dismissed with leave to amend. 21 2. Plaintiff’s fraudulent concealment claim (Fourth Cause of Action) is dismissed…