Keeya Shaunta Malone v. CarMax Auto Superstores California, LLC et al
| Keeya Shaunta Malone |
| CarMax Auto Superstores California, LLC and Does |
| 2:2014cv08978 |
| November 20, 2014 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| John A. Kronstadt |
| Fraud or Truth-In-Lending |
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Filing
39
ORDER ON STIPULATION OFVOLUNTARY DISMISSALPURSUANT TO FRCP 41(a)(1)(A)(ii) by Judge John A. Kronstadt, Case Terminated. Made JS-6. (pso)
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Filing
32
MINUTES (IN CHAMBERS) ORDER RE DEFENDANT CARMAX'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DKT. 26) DEFENDANT CARMAX'S MOTION TO STRIKE PORTIONS OF AMENDED COMPLAINT (DKT.27) by Judge John A. Kronstadt: For the reasons stated in thi s Order, the motion to strike is DENIED IN PART and MOOT IN PART. Themotion to dismiss is GRANTED IN PART and DENIED IN PART as follows:1. The motion is DENIED as to Plaintiffs CLRA and § 17200 claims for alleged violations of Cal. Civ.Code 7; 1770(a);2. The motion is GRANTED without prejudice as to Plaintiffs CLRA and § 17200 claims based onalleged violations of Cal. Veh. Code § 11713.18(a)(6), any amended complaint must set out agood faith, non-conclusory basis for an allega tion that CarMax inspected a component of theLincoln that was not listed in the CQI;3. The motion is GRANTED without prejudice as to Plaintiffs § 17200 claim based on allegedviolations of Cal. Veh. Code § 11713(t);4. The motion is DENIED as to Plaintiffs implied warranty of merchantability claim;5. The motion is GRANTED without prejudice as to Plaintiffs express warranty claim; and6. The motion is GRANTED without prejudice as to Plaintiffs fraud and punitive damages claims. Any amended complaint shall be filed by July 8, 2015. Plaintiff shall also separately file a redlined versionof the amended complaint that reflects all changes made to the FAC. See Civil Minutes for Further Specifics. (bp)
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