Swafford

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

DAVID SWAFFORD, Case No. 18-CV-04916-LHK

Plaintiff,

ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

v.

MOTION FOR SUMMARY

JUDGMENT

INTERNATIONAL BUSINESS MACHINES CORPORATION, Re: Dkt. No. 82 16 Defendant.

Plaintiff David Swafford (“Swafford”) brings the instant lawsuit against Defendant International Business Machines Corporation (“IBM”). Before the Court is IBM’s motion for summary judgment. Having considered the parties’ briefs, the relevant law, and the record in this case, the Court GRANTS in part and DENIES in part IBM’s motion for summary judgment. I. BACKGROUND A. Factual Background Swafford is a resident of Santa Clara County, California and a software sales representative at IBM since 2009. ECF No. 71 (“SAC”) ¶¶ 7, 13. IBM is a New York corporation with its principal place of business in the state of New York. Id. ¶ 8. Swafford’s compensation as an IBM 27 1 sales representative…