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Goldstein v. GM LLC

United States District Court for the Southern District of California

April 13, 2020, Decided; April 13, 2020, Filed

Case No.: 3:19-cv-01778-H-AHG

Opinion

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS

[Doc. No. 31.]

On September 16, 2019, Plaintiffs Matt Goldstein, Percy Sutton, Julian Wilder, Lana Savage, Gladys Tubbs, Kendra Piazza, and Rafael Martinez brought this putative class action against General Motors LLC ("GM") for, among other things, purported breaches of express and implied warranties, and violations of various consumer protections laws based on allegedly defective Cadillac User Experience ("CUE") navigation and radio touch screen displays in 2013-2017 Cadillac ATS, SRX and XTS vehicles and 2014-2017 Cadillac CTS, ELR, and Escalade vehicles (the "Class Vehicles"). (Doc. No. 1.) Plaintiffs seek to represent a nationwide class of "all persons and entities in the United States who purchased or leased a Class Vehicle." (Doc. No. 24 at 105.) Plaintiffs also intend to seek certification of various subclasses for purchasers in Alabama, [*5]  California, Florida, Indiana, Iowa, Kansas, Maine, Maryland, Michigan, New Jersey, New York, North Carolina, Texas, and West Virginia. (Id.)

On December 2, 2019, Plaintiffs filed the First Amended Complaint. (Doc. No. 24.) On January 24, 2020, Defendant filed a Motion to Dismiss Plaintiffs' First Amended Complaint. (Doc. No. 31.) On February 28, 2020, Plaintiffs filed their Opposition. (Doc. No. 37.) On March 20, 2020, Defendant filed its Response. (Doc. No. 42.) On April 6, 2020, the Court held a hearing. Tarek H. Zohdy and Russell D. Paul appeared for the Plaintiffs and Andrew John William Holmer, Allyson Marie McKinstry, and Kathleen Taylor Sooy appeared for the Defendant. For the following reasons the Court grants in part and denies in part Defendant's motion to dismiss.

I. Background

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2020 U.S. Dist. LEXIS 64851 *

GOLDSTEIN et. al., Plaintiffs, v. GENERAL MOTORS LLC, Defendant.

CORE TERMS

warranty, concealment, pled, plastic, repairs, unconscionable, privity, screen, touch, manufacturer, consumer, unjust, enrichment, tolling, durational, fraudulent, nationwide, misrepresentation, quotation, merchantability, delaminating, misconduct, Bulletins, diversity, omission, latent