Shoals

I. Background

27 Staffmark Investment is a temporary services agency 28 that places its employees in various temporary jobsites throughout California. (Mot. at 1.) Plaintiff Marcus Shoals, Staffmark Investment’s former employee, claims he was subjected to racial discrimination, sexual harassment, and retaliation during his placement with defendant Owens & Minor Distribution, Inc. (“O&M”). (Request for Judicial Notice (“RJN”), Ex. B (“First Am. Compl.”) ¶¶ 18-19, 23 (Docket No. 39-1).) After plaintiff left O&M, Staffmark Investment placed him at Penske Logistics LLC in December 2014. (Decl. of Susan Steward (“Steward Decl.”) ¶ 13 (Docket No. 39-2).) Plaintiff ended his employment with Staffmark Investment after he accepted a full- time position with Penske. (Id. ¶ 17.) Plaintiff brought this action in California state court against O&M, his supervisor at O&M, John Cline, Staffmark Investment, and Staffmark Holdings, Inc. (“Staffmark Holdings”), alleging seven causes of action: (1) Unlawful Harassment/Hostile Environment in violation of California Government Code § 12940(j)(3); (2) Unlawful…