Saxena
Saxena v. Gino & Carlos, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GRANT MITCHELL SAXENA, Case No. 21-cv-08980-JSW
Plaintiff, ORDER ON FINAL (SECOND)
AMENDED COMPLAINT
v.
GINO & CARLOS, INC., et al., Re: Dkt. No. 13 Defendants.
12 On January 31, 2022, the Court dismissed Plaintiff’s amended complaint and granted him one final leave to amend to plead facts demonstrating that the statute of limitations on his claims could be tolled. On February 22, 2022, Plaintiff filed a final amended complaint (“SAC”), in which he incorporated by reference the allegations supporting his claims from his first amended complaint. Plaintiff includes additional facts that he asserts justify equitably tolling the statute of limitations period. The Court recited the facts underlying the dispute in the order dated January 31, 2022, and it shall not repeat them here. Plaintiff brings claims against Defendants based on an incident that occurred on May 6, 2017, and each of Plaintiff’s claims is governed by a two-year statute of …