Villalpando
Villalpando v. Transguard Insurance Co. of America
Opinion
Lead Opinion
Conti, J.
ORDER ON MOTIONS TO DISMISS
I. INTRODUCTION
Now before the Court are Defendants Transguard Insurance Company of America (“Transguard”) and Exel Direct, Inc.’s (“Exel”) (collectively “Defendants”) motion to dismiss Plaintiff Daniel Diaz Villalpan-do’s first amended complaint. ECF Nos. *973 14 (“FAC”)- The motions are fully briefed, 1 and the Court finds them appropriate for decision without oral argument, Civ. L.R. Y — 1(b). As explained below, both motions are DENIED.
II. BACKGROUND
Plaintiff, a Mexican citizen residing in California, was seeking work as a truck driver in September 2008. FAC ¶ 13. On September 8, he met with Jim Dalpino, a representative of Exel. Id. Exel is an Ohio-based delivery service that hires drivers to deliver merchandise, mainly home appliances, to customers who purchase those items from stores that use Exel as a delivery provider. Id. At that meeting, Plaintiff and others who were looking for work as truck drivers talked with Mr. Dal-pino for about ten minutes, after which Plaintiff was told that he had a job with Exel but would need to sign certain papers “confirming certain aspects of his work” as an independent contractor. Id.