FILED

NOT FOR PUBLICATION

JUL 10 2017

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SCOTT SCHUTZA, No. 15-55704

Plaintiff-Appellant, D.C. No. 3:14-cv-02628-JM-RBB v.

FRN OF SAN DIEGO, LLC, a Delaware MEMORANDUM* Limited Liability Company,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, District Judge, Presiding

Submitted February 6, 2017** Pasadena, California

Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges.

We vacate the district court’s dismissal of this action, and we remand for

reconsideration in light of Karczewski v. DCH Mission Valley, LLC, No.

15-55633.

VACATED and REMANDED. Costs on appeal awarded to Plaintiff.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).

FILED

Schutza v. FRN of San Diego, LLC, No. 15-55704

JUL 10 2017

BYBEE, Circuit Judge, acquiescing dubitante: MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

I acquiesce dubitante for the reasons articulated in my separate opinion in

Karczewski v. DCH Mission Valley, LLC, No. 15-55633.