(PS) Darosa v. Lowes Home Improvement

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DAROSA, No. 2:23-cv-00123-WBS-SCR Plaintiffs, v. FINDINGS AND RECOMMENDATIONS LOWES HOME IMPROVEMENT, Defendant. 16 Plaintiff proceeds pro se in this matter, which is referred to the undersigned pursuant to Local Rule 302(c)(21). Before the Court is Defendant’s Motion to Dismiss (ECF No. 21) which seeks to dismiss one count of an eight-count complaint. The Court recommends that the Motion to Dismiss be DENIED. By separate order, the Court will direct the parties to file status reports and set this matter for scheduling conference. I. Background and Procedural History Plaintiff, represented by counsel at the time, commenced this action in California state court on June 30, 2022. ECF No. 1 at 2. Plaintiff filed a first amended complaint (FAC) on July 5, 2022, and a second amended complaint (SAC) in September 2022. Defendant removed the action to this Court on January 20, 2023, on the basis of…