Nachack

I. BACKGROUND

1 The following discussion of background facts is based on the allegations contained in the 2 FAC, the truth of which the Court accepts for purposes of resolving the Motion. See Boquist v. 3 Courtney, 32 F.4th 764, 772 (9th Cir. 2022). In October 2022, Plaintiff purchased “hair coloring” 4 from Walmart online. See FAC ¶ 9. When the product arrived, she “discovered that the item was 5 not pink as ordered, but rather, green.” See id. ¶ 10. She subsequently went to a physical Walmart 6 store with her receipt and asked a “Store clerk” to exchange the item. See id. ¶ 11. After the clerk 7 refused to permit an exchange, Plaintiff asked to speak to the manager. See id. ¶¶ 11-12. The 8 manager “then appeared and initially spoke to Plaintiff in a confrontational manner.” See id. ¶ 12. 9 After Plaintiff explained the situation, the manager “grabbed the bag [containing the item] in a 10 forceful, aggressive manner, rudely attacked, assaulted, and battered Plaintiff [and] then loudly 11 ‘Yelled’ at Plaintiff with a loud voice in the presence of other customers and employees, ‘You are 12 stealing.’” See id. ¶¶ 13-14. Plaintiff responded that she was not stealing…