Berner

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Atlas Lifting & Rigging, LLC, No. 2:23-cv-00808-KJM-AC Plaintiff, ORDER v. Trevor Berner, et al., 1S Defendants. 16 Plaintiff Atlas Lifting & Rigging, LLC moves to strike defendant Trevor Berner’s answer 18 and to dismiss his counterclaims. For the reasons below, the court denies the motion to strike and grants the motion to dismiss. 20 I. BACKGROUND Atlas alleges Berner and Synergy Marketing & Sales, Inc., who Atlas engaged to manage 22 an industrial tool and equipment sales company, are liable for breaching their duty of loyalty and 23 for conversion, fraud, and false promise. See Compl., ECF No. 1. Proceeding pro se, Berner 24 filed an answer by completing a civil pro se form. Answer, ECF No. 6. Berner brings two counterclaims. He alleges he was “wrongfully terminated and improperly denied” an interest in 26 Atlas in violation of unspecified verbal and written agreements. Answer at…