Tehrani

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAYAM TEHRANI, Case No. 19-cv-08168-EMC

Plaintiff,

ORDER DENYING DEFENDANT SF

v. TREAT LP’S MOTION TO DISMISS

JOIE DE VIVRE HOSPITALITY, LLC, et Docket No. 62 al., 11 Defendants. 12 13 Defendant SF Treat LP (“SF Treat”) has moved to dismiss Plaintiff Payam Tehrani’s Second Amended Complaint (“SAC”) pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendant alleges that Mr. Tehrani has not sufficiently established vicarious liability based on an agency relationship for Telephone Consumer Protection Act (“TCPA”) liability. As indicated below, the motion is DENIED. I. DISCUSSION A. Management Agreement A defendant is vicariously liable for violations of the TCPA where common law principles of agency would impose such liability. See Jones v. Royal Admin. Servs., 887 F.3d 443, 450 (9th Cir. 2018). Plaintiffs alleging vicarious TCPA liability under an agency theory must establish that the…