Ussery

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY USSERY, et al., No. 2:23-cv-00952-DAD-DB 12 Plaintiffs, 13 v. ORDER GRANTING DEFENDANT’S

MOTION TO DISMISS AND DENYING

14 MERCEDES-BENZ USA LLC, DEFENDANT’S MOTION TO STRIKE 15 Defendant. (Doc. No. 27) 16 17 18 This matter is before the court on the motion to dismiss and/or strike filed by defendant on 19 September 26, 2023. (Doc. No. 27.) On October 12, 2024, the motion was taken under 20 submission on the papers. (Doc. No. 30.) For the reasons explained below, the court will grant 21 defendant’s motion to dismiss and deny defendant’s motion to strike. 22 BACKGROUND 23 On May 22, 2023, plaintiffs Alpha Zeta Logistix (“Alpha”) and Anthony Ussery 24 (collectively, “plaintiffs”) filed this lemon law action against defendant Mercedes-Benz USA 25 LLC, alleging serious defects and nonconformities in the 2022 Mercedes-Benz G63 AMG (the 26 “Subject Vehicle”) that plaintiffs leased to purchase. (Doc. No. 1 at ¶¶…