Chinitz

I. BACKGROUND

23 Defendant is a real state services company that facilitates the sale of real estate throughout 24 the San Francisco Bay Area. Decl. of Sabita J. Soneji (“Soneji Decl.”), Ex. A, About Intero, at 1, 25 ECF 157-1; Decl. of John Thompson (“Thompson Decl.”), ¶ 2, ECF 159-2. Under California law,

27 1 Plaintiff’s counsel has a pending motion to replace Mr. Chinitz as class representative. See Mot. real estate salespersons and brokers must be licensed, Cal. Bus. & Prof. Code § 10130, and Defendant is “duly licensed as a real estate Broker by the State of California.” Soneji Decl., Ex. G, Independent Contractor Agreement, at IN 0041 ¶ 1, ECF 157-1. California law regulates the operation of real estate brokerages and their affiliated sales associates—for example, any person in California wanting to “engage in the business of, act in the capacity of, advertise as, or assume to act as a real estate broker or a real estate salesperson” must obtain and maintain a real estate salesperson’s or broker’s license. Cal. Bus. & Prof. Code §§ 10130, 10137. California law requires that sales associates’ real estate licenses be registered or…