Prescott
Prescott v. Saraya USA, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEVEN PRESCOTT, individually and Case No.: 23-cv-00017-AJB-MMP on behalf of all others similarly situated; 12 et al., ORDER GRANTING IN PART AND Plaintiffs, DENYING IN PART DEFENDANT’S v. MOTION TO DISMISS SECOND
AMENDED COMPLAINT
SARAYA USA, INC., a Utah corporation; and DOES 1 through 50, (Doc. No. 30) 16 inclusive, Defendants.
Before the Court is Defendant Saraya USA, Inc.’s (“Defendant” or “Saraya”) motion to dismiss Plaintiffs Steven Prescott, Jonathan Horowitz, and Diane Carter’s (collectively, “Plaintiffs”) Second Amended Complaint (“SAC,” Doc. No. 27). (Doc. No. 30.) Plaintiffs filed an opposition (Doc. No. 32), to which Defendant replied (Doc. No. 33). For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendant’s motion to dismiss. I. BACKGROUND This action arises out of Plaintiffs’ respective purchases of…