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NOT FOR PUBLICATION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

MICHAEL TATE, No. 15-56087

Plaintiff-Appellant, D.C. No. 2:14-cv-08738-SJO-MRW v.

FAMILY AUTO GROUP, INC., a MEMORANDUM* California corporation,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California S. James Otero, 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

Tate v. Family Auto Grp., Inc., No. 15-56087

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.