Lucas

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 DANIEL LUCAS, Case No. 20-cv-00141-JCS

7 Plaintiff,

ORDER REGARDING MOTION TO

8 v. DISMISS

9 INTERNATIONAL BUSINESS Re: Dkt. No. 12

MACHINES CORPORATION,

10 Defendant.

11 12 I. INTRODUCTION 13 Plaintiff Daniel Lucas asserts claims for breach of contract, misrepresentation, and related 14 theories against Defendant International Business Machines Corporation (“IBM”) based on IBM’s 15 alleged failure to pay all commissions owed for Lucas’s work as a sales representative. IBM 16 moves to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil 17 Procedure. The Court found the matter suitable for resolution without oral argument and vacated 18 the hearing previously set for May 15, 2020. The case management conference set for the same 19 date remains on calendar and will occur via public videoconference. See dkts. 27, 28. 20 For the reasons discussed below, IBM’s motion is GRANTED only as to Lucas’s claims 21 for…