Andre Nesbit v. Sunrise Restaurants
Opinion
Trial Court Opinion
I. Introduction
Plaintiff filed his complaint on April 10, 2023. Compl., ECF No. 1. Defendants answered with a counterclaim on August 15, 2023. Answer, ECF No. 43. Plaintiff then moved to dismiss and moved for judgment on the pleadings on August 23, 2023. Pl.’s Mot. to Dismiss and for J. on the Pleadings, ECF No. 50. A hearing was set for October 2, 2023. For the reasons discussed below, that hearing is VACATED and Plaintiff is ORDERED to show cause why his case should not be dismissed by the Court saa sponte. Alternatively, Plaintiff may amend his complaint.
IL. Review of Claims A trial court may dismiss a claim swa sponte under Fed. R. Civ. P. 12(b)(6). Seismic Reservoir 2020, Inc. v. Paulsson, 785 F.3d 330 (9th Cir. 2015) (citing Omar v. Sea-Land Serv., Inc., 813 F.2d 986, 991 (9th Cir. 1987)). To do so, the district court must give notice of its sa sponte intention to dismiss and provide the plaintiff with an opportunity to at least submit a written memorandum in opposition to such a