Sonico

I. INTRODUCTION

20 Plaintiff Paul Sonico brings this action for retaliation in violation of the Fair Labor 21 Standards Act, 29 U.S.C. § 215(a)(3) (“FLSA”) against Defendants City of Brawley, John 22 Tang, Shirley Bonillas, Jimmy Duran and Juan Moralas (collectively, “Defendants”), and 23 the California Labor Code § 1102.5 (“Labor Code”) against the City. 24 Before the Court is Defendants City’s and Bonillas’ Motion to Dismiss Plaintiff’s 25 First Amended Complaint (“FAC”) pursuant to Rule 12(b)(6) of the Federal Rules of Civil 26 Procedure (the “Motion”). 27 The Motion was submitted on the papers without oral argument pursuant to Civil 28 1 Local Rule 7.1(d)(1) and Rule 78(b) of the Federal Rules of Civil Procedure. After 2 considering the papers submitted, supporting documentation, and applicable law, the 3 Defendants’ Motion is DENIED. 4 II. STATEMENT OF FACTS1 5 Plaintiff was employed as a police officer for the City of Brawley Police 6 Department. Doc. No. 5 at 4, ¶ 1. Around June 18, 2024, Plaintiff was informed that he 7 had been selected for the position of Range Master with the City. Id. The position was 8 concurrent with his previous duties…