Pemberton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KIRK PEMBERTON, Case No.: 24-CV-1179 TWR (BJW)

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS

PLAINTIFF’S SECOND AMENDED

JACK IN THE BOX INC.,

COMPLAINT WITH PREJUDICE

Defendant. (ECF No. 34)

Presently before the Court is the Motion to Dismiss Plaintiff Kirk Pemberton’s Second Amended Complaint (“Mot.,” ECF No. 34) filed by Defendant Jack in the Box Inc. (“JITB”), as well as Pemberton’s Response in Opposition to (“Opp’n,” ECF No. 37) and JITB’s Reply in Support of (“Reply,” ECF No. 38) the Motion and Pemberton’s Notice of Supplemental Authority (“Not.,” ECF No. 39). The Court held a hearing on December 18, 2025. (See ECF No. 40.) Having carefully considered Pemberton’s Second Amended Complaint (“SAC,” ECF No. 33), those materials properly incorporated by reference, the Parties’ arguments, and the relevant law, the Court GRANTS JITB’s Motion and DISMISSES WITH…