Rodriguez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 PAVEL GUARNEROS RODRIGUEZ, Case No. 23-cv-06007-BLF

Plaintiff,

ORDER DENYING DEFENDANT’S

v. PARTIAL MOTION TO DISMISS

PLAINTIFF’S AMENDED

INTERNATIONAL BUSINESS COMPLAINT

MACHINES CORPORATION,

[Re: ECF 36] Defendant.

14 15 Plaintiff Pavel Guarneros Rodriguez (“Rodriguez”) claims that his former employer, Defendant International Business Machines Corporation (“IBM”), unlawfully capped his sales commissions after representing that his sales commissions would be uncapped. Specifically, Rodriguez alleges that IBM removed him from a large account just before the close of a $30,000,000 deal he negotiated, for the purpose of depriving him of nearly $1,000,000 in commissions he earned. The operative first amended complaint (“FAC”) asserts claims against IBM for (1) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et. seq., (2)…