Christopher Cardinal v. John Lupo

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 3 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHRISTOPHER CARDINAL; KITCHEN No. 20-16364

EXPERTS OF CALIFORNIA, INC.,

D.C. No. 3:18-cv-00272-JCS Plaintiffs-Appellants,

v. MEMORANDUM*

JOHN LUPO; KITCHEN FANTASTIC,

INC.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Joseph C. Spero, Magistrate Judge, Presiding

Submitted August 31, 2021** San Francisco, California

Before: RAWLINSON and BYBEE, Circuit Judges, and CARDONE,*** District Judge.

Plaintiff-Appellant Christopher Cardinal appeals the trial court’s denial of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Kathleen Cardone, United States District Judge for the Western District of Texas, sitting by designation. his motion to recover the…