UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 SEBASTIAN RAKO, Case No. 25-cv-05142-SVK
Plaintiff,
ORDER ON MOTIONS TO DISMISS
v. Re: Dkt. Nos. 17, 18, 44 VMWARE LLC, et al., Defendants.
I. INTRODUCTION AND BACKGROUND This background discussion is taken primarily from the allegations of the Complaint. Dkt. 1 – “Complaint”. Plaintiff Sebastian Rako, appearing pro se, worked as a sales professional for Defendant VMware LLC (“VMware”) from approximately August 2021 until June 2022. See id. ¶¶ 1, 16, 40. Plaintiff claims that VMware suspended and then terminated his employment after he reported that Defendant Kaiser Aluminum Corporation (“Kaiser”) had defrauded VMware under a license issued by VMware to Kaiser. See id. ¶¶ 1, 33-40. Plaintiff filed the Complaint in this case on June 18, 2025. The Defendants are VMware and its employees Michael Brewster and Jeremy Hoke, and Kaiser and its employees Mike Wood and Tami Mills. The Complaint contains four causes of action: (1)…