Renn

Background 23 On September 28, 2023, Plaintiff Albert Renn (“Plaintiff”) filed a purported first 24 amended class action complaint (“FAC”) alleging Defendant Otay Lakes Brewery, 25 LLC’s (“Defendant”) labeling of Nova Kombucha as “good for you” and promoting 26 “health, balance and goodness” are false and misleading because it contains 6-8% alcohol 27 by volume and consuming alcohol causes a wide variety of short and long term health 28 risks and problems. (Dkt. No. 12, FAC.) On January 29, 2014, the Court granted in part and denied in part Defendant’s motion to dismiss with leave to amend. (Dkt. No. 20.) On February 16, 2024, Plaintiff filed a notice of intent not amend the FAC. (Dkt. No. 22.) On March 1, 2024, Defendant filed an answer as well as its affirmative defenses. (Dkt. No. 23.) On March 22, 2024, Plaintiff filed a motion to strike certain affirmative defenses. (Dkt. No. 24.) Defendant opposed and Plaintiff replied. (Dkt. Nos. 26, 27.) Discussion A. Legal Standard on Federal Rule of Civil Procedure 12(f) Under Federal Rule of Civil Procedure (“Rule”)12(f), the Court may, by motion or on its own…