Nilsen

Nilsen v. Tesla, Inc.

Good Law
United States District Court, Northern District of CaliforniaNovember 6, 20235:22-cv-07472California2,226 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ROALD NILSEN, Case No. 22-cv-07472-BLF

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS; DENYING MOTION TO

STRIKE

TESLA, INC., [Re: ECF No. 34] Defendant.

This is a lemon law case involving an allegedly defective 2016 Tesla X that Plaintiff Roald Nilsen purchased in 2020. On May 21, 2023, the Court granted in part and denied in part Defendant Tesla, Inc’s (“Tesla”) Motion to Dismiss Nilsen’s Complaint. ECF No. 31 (“Order”). Nilsen filed a First Amended Complaint ( ECF No. 33, “FAC”) and Tesla moves to dismiss Claim One and Claim Three of the FAC under Rule 12(b)(6) and Strike Claim One under Rule 12(f). ECF No. 34 (“Mot”) at 8. Nilsen has not filed an opposition to Tesla’s motion. This matter is suitable for determination without oral argument. See Civ. L.R. 7-1(b). For the following reasons, the motion to dismiss is GRANTED and the motion to strike is DENIED. I. …

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