Ussery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY USSERY, et al., No. 2:23-cv-00952-DAD-DB Plaintiffs, v. ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS AND DENYING

MERCEDES-BENZ USA LLC, DEFENDANT’S MOTION TO STRIKE Defendant. (Doc. No. 27) 16 17 This matter is before the court on the motion to dismiss and/or strike filed by defendant on September 26, 2023. (Doc. No. 27.) On October 12, 2024, the motion was taken under submission on the papers. (Doc. No. 30.) For the reasons explained below, the court will grant defendant’s motion to dismiss 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 purchase. (Doc. No. 1 at ¶¶…