Tomelleri
Tomelleri v. DMB Associates, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 11 JOSEPH R. TOMELLERI, No. 2:20-cv-01035-TLN-KJN
Plaintiff,
ORDER
v.
DMB ASSOCIATES, INC.; DMB
DEVELOPMENT, LLC;
DMB/HIGHLANDS GROUP, LLC;
LAHONTAN, LLC; LAHONTAN GOLF
CLUB; DMB REALTY, INC.; MARTIS
CAMP REALTY, INC., Defendants. 20 This matter is before the Court on Defendant Martis Camp Realty, Inc.’s (“Defendant”) Motion to Dismiss. (ECF No. 31.) Plaintiff Joseph R. Tomelleri (“Plaintiff”) filed an opposition. (ECF. No. 51.) Defendant filed a reply. (ECF No. 52.) For reasons set forth below, the Court DENIES Defendant’s motion to dismiss. /// /// /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff is a fish artist and illustrator. (ECF No. 1 at 2.) On May 21, 2020, Plaintiff filed acomplaint, alleging copyright infringement of his illustration of a Lahontan cutthroat trout. (d.) The illustration appears as follows: 5 SA
eae a ad □□
11 Plaintiff…