Gutierrez
Gutierrez v. Ford Motor Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JULIA DELGADO GUTIERREZ, Case No.: 3:21-cv-02144-BEN-RBB
Plaintiff,
ORDER DENYING DEFENDANT’S
v. MOTION TO DISMISS AS MOOT
FORD MOTOR COMPANY, a [ECF No. 3] corporation; and DOES 1 through 10, 15 inclusive, 16 Defendants. 17 Before this Court is Defendant’s Motion to Dismiss (ECF No. 3). For the reasons discussed below, Defendant’s Motion to Dismiss is DENIED as moot. On November 20, 2021, Plaintiff filed a Complaint in Superior Court of California, County of San Diego, alleging violations of California’s Song-Beverly Act stemming from Plaintiff’s purchase of a 2020 Ford Explorer. ECF No. 1. Defendant, served with the Complaint on December 2, 2021, timely removed the matter to this Court on December 29, 2021. Id. On January 4, 2022, Defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). ECF No. 3. On January 25, 2022, while the motion to dismiss was pending, Plaintiff filed an Amended Complaint as a matter of…