Sivas
Sivas v. Luxottica Retail North America Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DR. HAROLD C. SIVAS, CASE NO. 1:19-CV-00537-LJO-BAM
Plaintiff, ORDER GRANTING MOTION TO
DISMISS (ECF NO. 11)
v.
LUXOTTICA RETAIL NORTH AMERICA, INC.; ASHLEY JONES; LIZ TORRES; and DOES 1-10, inclusive,
Defendants.
I. BACKGROUND1
Plaintiff Dr. Harold C. Sivas filed this action on March 25, 2019 in Fresno County Superior
Court. ECF No. 1-1 (“Complaint”). On June 12, 2019, this Court granted without prejudice Defendants’
23 1 Unless otherwise noted, the facts are taken from the First Amended Complaint, ECF No. 10. For 24 purposes of Defendants’ motion to dismiss, all alleged material facts are construed in the light most favorable to the Plaintiff. Coalition For ICANN Transparency, Inc. v. VeriSign, Inc., 611 F.3d 495, 501 25 (“FAC”) on July 1, 2019. ECF No. 10. Defendant Luxottica Retail North America, Inc. (“Luxottica”)
operates Target Optical retail stores in space…