Green

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Re: Dkt. No.

Plaintiff Dan Green (“Plaintiff” or “Green”) brings this action against Defendant Bimbo Bakeries USA (“Defendant” or “Bimbo Bakeries”). Compl., ECF No. 1. Before the Court is Defendant’s motion for summary judgment. (“MSJ”), ECF No. 44. Green opposes the motion. (“Opp.”), ECF No. 48. Defendant filed a reply. (“Reply”), ECF No. 52. Having considered the submissions of the parties, the record in this case, and the relevant law, the Court hereby DENIES Defendant’s motion for summary judgment.

I. BACKGROUND

A. Factual Background

On September 14, 1987, Enten-mann’s/Orowheat hired Green in Santa Cruz, California as a route sales representative (“RSR”). Compl. ¶ 5. In 2002, Defendant Bimbo Bakeries acquired Enten-mann’s/Orowheat, and Green became an employee of Bimbo Bakeries. Id. ¶ 6. Green continued to work for Defendant until February 22, 2006, when Green left his position at Bimbo Bakeries. Id. ¶ 7; Declaration of Ronald D. Arena, ECF No. 44, Exh. A (“Green Depo.”) 28:11-13. Green then accepted a position at Sven-hards Bakeries. Compl. ¶ 7,

In mid-March 2006, Plaintiff alleges that Rick Roberts, the District…