Lemke-Vega
Lemke-Vega v. Mercedes-Benz USA, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHEYENNE LEMKE-VEGA, Case No. 23-cv-01408-DMR
Plaintiff,
ORDER ON MOTION TO DISMISS
v. AND/OR STRIKE
MERCEDES-BENZ USA, LLC, Re: Dkt. No. 14 Defendant.
This is a lemon law case involving an allegedly defective 2019 Mercedes-Benz that Plaintiff Cheyenne Lemke-Vega purchased in July 2022. Lemke-Vega claims violations of state law against Defendant Mercedes-Benz USA, LLC (“MBUSA”). MBUSA now moves pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(f) to dismiss and/or strike portions of the complaint. [Docket No. 14.] This matter is suitable for determination without oral argument. Civ. L.R. 7-1(b). For the following reasons, the motion to dismiss is granted. The motion to strike is denied as moot. I. BACKGROUND 20 The complaint contains the following allegations. On July 18, 2022, Lemke-Vega purchased a used 2019 Mercedes-Benz A220 (“the vehicle”) from Mercedes-Benz of Walnut Creek, an…