Johnson v. Fresh Squeezed Akash, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SCOTT JOHNSON,

Case No. 4:21-cv-05822-YGR Plaintiff, 9 v. ORDER DENYING MOTION TO DISMISS OR TO STAY THE ACTION

FRESH SQUEEZED AKASH, LLC,

Re: Dkt. No. 15 Defendant.

13 Defendant Fresh Squeezed Akash, LLC has filed its motion to dismiss, or alternatively, to stay the action. (Dkt. No. 15.) Having read and considered the papers, the motion is DENIED. The Court DENIES defendant’s motion to dismiss plaintiff’s complaint for failure to comply with California’s procedural requirements for high-frequency litigants. See Cal. Code Civ. Proc. §§ 425.55(a)(4)(A), 425.55(b)(1)-(2). Plaintiff’s complaint does not need to meet these state pleading requirements because those requirements are state procedural rules and are not applicable in this Court. Johnson v. Mariani, No. 17-cv-01628-BLF, 2017 WL 2929453, *2 (N.D. Cal. July 10, 2017) (citing Kearns v. Ford Motor Co., 567 F.3d…