Zeller

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 JAMIE ZELLER, and ANGELICA Case No.: 22-cv-434-DMS-MSB

ALPERT,

11 Individually, and on Behalf of All Others ORDER GRANTING IN PART AND Similarly Situated, DENYING IN PART DEFENDANT

Plaintiffs, OPTAVIA, LLC’S MOTION TO

DISMISS

v.

OPTAVIA, LLC and MEDIFAST, INC.,

Defendants.

This case comes before the Court on Defendant Optavia LLC’s (“Defendant”) motion to dismiss Plaintiffs Jamie Zeller’s and Angelica Alpert’s (“Plaintiffs”) claims under the California Automatic Renewal Law, Unfair Competition Law, Consumer Legal Remedies Act, and California Weight Loss Contract Law, and under common law theories of fraud and unjust enrichment. (ECF No. 18.) Defendant moves to dismiss Plaintiffs’ claims on the grounds that Plaintiffs lack standing under Federal Rule of Civil Procedure 12(b)(1), fail to state a claim under Rule 12(b)(6), and fail to satisfy a heightened pleading standard…