Fiorentino

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 HEIDI FIORENTINO, Case No. 1:24-CV-01023-KES-SAB

Plaintiff, ORDER GRANTING MOTION TO DISMISS

WITH PARTIAL LEAVE TO AMEND

v. (Doc. 4) PHILIDELPHIA INDEMNITY

INSURANCE COMPANY,

15 Defendant. 16 17 18 Defendant Philadelphia Indemnity Insurance Company (“PIIC”) moves to dismiss all claims in plaintiff Heidi Fiorentino’s complaint. Doc. 4. Fiorentino filed an opposition and PIIC replied. Docs. 11, 13. This matter is suitable for resolution without a hearing pursuant to Local Rule 230(g). For the reasons set forth below, the motion to dismiss is granted with partial leave to amend. I. BACKGROUND AND FACTS Fiorentino was an instructor working for Bellagio Road, LLC (“Bellagio”), she was let go, apparently during the COVID-19 pandemic, and she was not re-hired following the pandemic. See Doc. 1-2 at ¶¶ 7–8. Fiorentino was approximately 55 years old. Id. ¶ 7. Samantha Ellis, age previously taught by Fiorentino and three other employees aged 55 and…