Villegas
(PC) King v. Villegas
Opinion
Trial Court Opinion
INTRODUCTION
17 On April 26, 2023, District Judge Anthony W. Ishii adopted findings and 18 recommendations to deny Defendants’ motion for judgment on the pleadings. (Docs. 106, 115, 19 118.) On May 10, 2023, Defendants filed a motion for reconsideration of that order under Local 20 Rule 230(j). (Doc. 123.) On May 22, 2023, Plaintiff filed and opposition, (Doc. 124), and 21 Defendants replied (Doc. 126). The Court has reviewed the subsequent authority cited by 22 Defendants, as well as Judge Ishii’s order (Doc. 118) and the underlying findings and 23 recommendations (Doc. 115). For the reasons set forth below, the Court concludes that 24 reconsideration is warranted and, upon reconsideration, grants the motion for judgment on the 25 pleadings. 26 /// 27 /// 28 STANDARD OF DECISION “A motion for reconsideration should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law.” Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks 6…