Ayala

ORDER GRANTING DEFENDANT’S MOTION TO -DISMISS IN' PART AND DENYING IN PART; DENYING DEFENDANT’S MOTION TO STRIKE :

This matter is before the court on April 18, 2017, for hearing of defendant’s motions to dismiss and to' strike brought under Federal Civil Procedure Rules 12(b)(6) and 12(f). (Doc. Nos. 9-10.) Plaintiff Rebecca Ayala, proceeding pro se in this action, appeared telephonically on her own behalf, and attorney James Berry appeared telephonically on behalf of defendant Frito Lay, Inc. Oral argument was heard and the motions were taken under submission. For the reasons stated below, defendant’s motion to dismiss' will be granted in part and denied in part, and its' motion to strike will be denied.

FACTUAL BACKGROUND

On September 1, 2016, plaintiff Rebecca Ayala filed a complaint on her own behalf in the Stanislaus County Superior Court against defendant Frito Lay, Iric, ("Frito Lay”). (Doc. No, 1 at 2.) Plaintiff Ayala is a citizen of California, and defendant Frito Lay is a citizen of Delaware and Texas. (Id. at 3-4, ¶ 7.) On November 7, 2016, defendant removed the action to this federal court based on diversity of citizenship jurisdiction. (Doc. No. -1.) On January…