Ussery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY USSERY, et al., No. 2:23-cv-00952-DAD-SCR Plaintiffs, v. ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

MERCEDES-BENZ USA LLC, MOTION TO DISMISS AND DENYING

DEFENDANT’S MOTION TO STRIKE

Defendant. (Doc. No. 41)

17 This matter is before the court on the motion to dismiss and/or strike filed by defendant on June 20, 2024. (Doc. No. 41.) On July 17, 2024, the motion was taken under submission on the papers. (Doc. No. 45.) For the reasons explained below, the court will grant defendant’s motion to dismiss in part and deny defendant’s motion to strike. BACKGROUND On May 22, 2023, plaintiffs Alpha Zeta Logistix (“Alpha”) and Anthony Ussery (collectively, “plaintiffs”) filed this lemon law action against defendant Mercedes-Benz USA LLC, alleging serious defects and nonconformities in the 2022 Mercedes-Benz G63 AMG (the “Subject Vehicle”) that plaintiffs leased to…