Victor Dalfio v. Orlansky-Wax, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 3 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

VICTOR DALFIO, No. 21-56339

Plaintiff-Appellant, D.C. No. 3:21-cv-01136-DMS-JLB v.

ORLANSKY-WAX, LLC, a California MEMORANDUM* limited liability company; LOS ALEJANDRO'S TACO SHOP, a business of unknown form,

Defendants-Appellees,

and

DOES, 1-10,

Defendant.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, Chief District Judge, Presiding

Submitted August 1, 2022** Pasadena, California

* 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). Before: SILER,*** CALLAHAN, and H. THOMAS, Circuit Judges.

Victor Dalfio (“Dalfio”) appeals from the district court’s order granting

Defendant Orlansky-Wax, LLC’s (“Defendant”) motion to dismiss under Federal

Rule of Civil Procedure 12(b)(1) for lack of…