Bassiri

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS XEROX CORPORATION, XEROX CORPORATION LONG-TERM DISABILITY INCOME PLAN, AND LAWRENCE BECKER’S MOTION TO DISMISS COUNTS I, V, VI, VII, VIII, IX, X, AND XI AND STRIKE PORTIONS OF PLAINTIFF’S SECOND AMENDED COMPLAINT

I. Background

A. Factual Summary

Plaintiff Ali Bassiri (“Plaintiff’), a former employee of Xerox Corporation, brings this action against Defendants Xerox Corporation (“Xerox”), Xerox Corporation Long-Term Disability Income Plan (“LTD Plan”), and Lawrence Becker (“Becker”) (collectively “Defendants”) for Declaratory Judgment, Violations of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq'.; Violations of the California Fail’ Employment & Housing Act, California Government Code § 12920 et seq.; and Breach of Contract. The particular motions presently at issue before the Court in this Order are Defendants’ Motion to Dismiss Counts I, V, VI, VII, VIII, IX, X, and XI, and Motion to Strike Portions of Plaintiffs Second Amended Complaint (“Motion”).

The following facts are alleged in Plaintiffs Second Amended Complaint (“SAC”):

Plaintiff began his employment with Xerox in 1994 as a software…