Romoff
Romoff v. General Motors LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT ROMOFF and JOE Case No.: 21-cv-00938-WQH-BGS SICILIANO, individually, and on behalf 12 of all others similarly situated, ORDER 13 Plaintiffs, 14 v.
GENERAL MOTORS LLC,
16 Defendant. 17 HAYES, Judge: 18 The matter before the Court is the Motion to Dismiss Plaintiffs’ Class Action 19 Complaint filed by Defendant General Motors LLC. (ECF No. 12).
I. PROCEDURAL BACKGROUND
21 On May 17, 2021, Plaintiffs Robert Romoff and Joe Siciliano filed a Class Action 22 Complaint against Defendant General Motors LLC (“GM”). (ECF No. 1). The Complaint 23 alleges that GM violated California and New Jersey law by including a “Destination 24 Charge” in the listed sticker price of its vehicles that did not reflect the actual cost to GM 25 of delivering the vehicles to dealerships and by failing to disclose that the charge included 26 profit. (See id.).
28 On August 2, 2021, GM filed a Motion to Dismiss Plaintiffs’ Class Action Complaint for failure to state a claim under Rule 12(b)(6) of the Federal Rules of…