Gaines

Gaines v. General Motors Company

Good Law
United States District Court, Southern District of CaliforniaMarch 17, 20203:17-cv-01351California5,537 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KELLEY GAINES, Case No.: 17cv1351-LAB (JLB)

Plaintiff,

ORDER DENYING MOTION FOR

v. LEAVE TO AMEND; AND

GENERAL MOTORS, LLC,

ORDER OF DISMISSAL

Defendant. 16 This putative class action arises from the sale of Cadillac SRX vehicles with allegedly defective sunroofs. In a substantial order (Docket no. 26), the Court granted Defendant General Motors LLC’s (GM’s) motion to dismiss, without granting Plaintiff Kelley Gaines leave to amend. Ordinarily, leave to amend is granted unless the complaint cannot be saved by amendment. Kendall v. Visa U.S.A., Inc., 518 F.3d 1042, 1051 (9th Cir. 2008). Leave to amend is properly denied where the amendment would be futile, or where the amended complaint would be subject to dismissal. Saul v. United States, 928 F.2d 829, 843 (9th Cir. 1991). Gaines’ untimely breach of express warranty claim clearly could not be salvaged. It appeared unlikely,…

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