Ghilarducci

BACKGROUND

22 A. First Amended Complaint Allegations 23 Plaintiff is a Florida Corporation engaged in the business of disaster recovery and response 24 services. (Dkt. No. 4, First Amended Complaint (“FAC”), ¶ 4.) Mr. Ghilarducci is the Director 25 26 1 All parties have consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. Section 636(c). (Dkt. Nos. 8 and 11.) of California Governor’s Office of Emergency Services (“OES”), and Mr. DaRosa is the Acting Director of the California Department of Resources Recycling and Recovery (“CalRecycle”). (FAC ¶¶ 5-6.) CalRecycle engaged Plaintiff to perform cleanup services in Lake County in 2015. (FAC ¶ 4 16.) During a conference call with Mr. Ghilarducci, Plaintiff’s Chairman of the Board, Randy 5 Perkins, criticized the way the state paid its contractors. (FAC ¶ 16.) In a subsequent call, Mr. 6 Ghilarducci stated that he would ensure, to the best of his ability, that Plaintiff would not work in 7 the state of California. (FAC ¶ 16.) Plaintiff contends that since Mr. Ghilarducci’s statement, 8 CalRecycle has rejected all of Plaintiff’s bids to work on debris removal projects. (FAC ¶ 17.) 9 In May…