Fatte Alberts v. Pizzaman's Pavilion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FATTE ALBERTS, a California No. 1:20-cv-00238-DAD-SKO partnership, 12 Plaintiff, ORDER DENYING DEFENDANT JENSEN’S v. MOTION TO DISMISS 14 PIZZAMAN’S PAVILION and MICHAEL (Doc. No. 20) JENSEN,

Defendants. 17 This matter is before the court on the motion to dismiss this action for lack of subject matter jurisdiction filed by pro se defendant Michael Jensen. (Doc. No. 20.) Pursuant to General Order No. 617 addressing the public health emergency posed by the COVID-19 pandemic and the outbreak of the virus within this district, defendant Jensen’s motion was taken under submission on the papers. (Doc. No. 23.) For the reasons set forth below, his motion to dismiss will be denied. BACKGROUND Plaintiff Fatte Alberts’ first amended complaint (“FAC”) alleges as follows. Plaintiff is a partnership based in Hanford, California. (Doc. No. 19 (“FAC”) at ¶¶ 3, 6.) Defendant Jensen is an Arizona…