Defendant Fletcher Jones’ Motion to Dismiss
25CV107029: LAW vs MERCEDES-BENZ USA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, et al. 07/02/2026 Hearing on Motion to Dismiss filed by FREMONT M, LLC, a California Limited Liability Company (Defendant) CRS# 139731816369 in Department 517
Tentative Ruling - 06/26/2026 Keith Fong
CASE NAME: Law v Mercedes-Benz USA, et al. CASE NO.: 25CV107029 MOTION: Defendant Fletcher Jones Motion to Dismiss HEARING DATE: 7/2/2026 DEPT: 517 JUDICIAL OFFICER: Fong
PROPOSED TENTATIVE
GRANT the motion to dismiss.
Plaintiff filed his Complaint on January 15, 2025 alleging claims under the Song Beverly Consumer Warranty Act against Defendant Mercedes-Benz USA, LLC and a claim for negligent repair against Defendant Fletcher Jones Motorcars of Fremonts (FJMF). On May 21, 2026, the Court granted FJMCs Motion for Judgment on the Pleadings with leave to amend. Plaintiff was ordered to file and amended complaint by no later than June 1, 2026, which she failed to do.
On June 17, 2026, the Court granted FJMCs request for an order shortening time to hear its motion to dismiss the complaint with prejudice as to FJMC based on Plaintiffs failure to file an amended complaint. Plaintiff was given until June 26, 2026, to file and serve her opposition to the motion and was warned that the failure to oppose would be deemed to be consent to the granting of the motion. No opposition has been filed.
The Court GRANTS FJMC's motion to dismiss and dismisses the action with prejudice as to FJMC. Plaintiff filed no opposition. The Court construes Plaintiffs failure to amend as an admission that he cannot overcome the deficiencies identified by the Court in its prior ruling.. (Cano v. Glover (2006) 143 Cal.App.4th 326, 329-330.) Dismissal is authorized under Code of Civil Procedure section 581, subdivisions (f)(2) and (m), by analogy to the demurrer procedure and pursuant to the court's inherent authority to enforce its own orders. (Sousa v. Capital Co. (1963) 220 Cal.App.2d 744, 747.)
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SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA
25CV107029: LAW vs MERCEDES-BENZ USA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, et al. 07/02/2026 Hearing on Motion to Dismiss filed by FREMONT M, LLC, a California Limited Liability Company (Defendant) CRS# 139731816369 in Department 517 161.199.138.10 (US West) 161.199.136.10 (US East) Meeting ID: 161 8198 9812