Dakin

Dakin v. BMW of North America, LLC

Good Law
United States District Court, Southern District of CaliforniaNovember 6, 20193:19-cv-00818California3,980 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 ALEX DAKIN, Case No.: 3:19-cv-00818-GPC-BGS

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

BMW OF NORTH AMERICA, LLC, [ECF No. 13] Defendant. 15 Before the Court is the Defendant BMW of North America, LLC’s (“BMW” or “Defendant”) motion to dismiss the first amended complaint (“FAC”). ECF No. 13. Alex Dakin (“Plaintiff” or “Dakin”) filed an opposition on October 17, 2019. ECF No. 14. BMW filed a reply on October 25, 2019. ECF No. 15. For the reasons discussed below the Court GRANTS BMW’s motion to dismiss with partial leave to amend. BACKGROUND Plaintiff filed the FAC on June 24, 2019. ECF No. 8. Plaintiff alleges causes of action against BMW for violations of the California Commercial Code (“Cal. Comm. Code”), the Magnuson Moss Warranty Act (“MMWA”), and California’s Unfair Competition Law (“UCL”). Plaintiff is an “ordinary vehicle…

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