Torres v. General Motors LLC

Summary

The United States District Court for the Southern District of California granted General Motors LLC’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The court dismissed the plaintiff’s Fourth and Fifth Causes of Action without prejudice because the plaintiff did not oppose the motion, relying on the applicable local rules and Rule 41(b).

Holdings

1. A district court may dismiss an action without prejudice when a plaintiff fails to timely oppose a motion and fails to comply with applicable local rules, after considering the required dismissal factors and determining that lesser sanctions would not be effective.
2. GM's motion to dismiss the Fourth and Fifth Causes of Action was granted without prejudice.

Questions Presented

1. Whether the court should dismiss the Fourth and Fifth Causes of Action after plaintiff failed to file a timely opposition to GM's motion to dismiss.
2. Whether dismissal without prejudice was warranted under Federal Rules of Civil Procedure 12(b)(6) and 41(b), the applicable Civil Local Rules, and the Ninth Circuit's five-factor dismissal test.

Disposition

dismissed