Shruhan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 DONALD K. SHRUHAN, Case No. 22-cv-05498-EJD

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS

APPLE INC., Re: ECF No. 32 Defendant.

13 Plaintiff, Donald K. Shruhan, Jr. (“Shruhan” or “Plaintiff”), brought this action against his former employer, Apple Inc. (“Apple” or “Defendant”), alleging unlawful age discrimination and breach of contract. See Second Amended Complaint (“SAC”), ECF No. 31. In response to Shruhan’s SAC, Apple filed its current Motion to Dismiss (“Motion”). See Defendant’s Motion to Dismiss (“Mot.”), ECF No. 32. Shruhan filed an Opposition, and Apple filed its Reply. See Plaintiff’s Opposition to Motion to Dismiss (“Opp.”), ECF No. 33; Defendant’s Reply in Support of Motion to Dismiss (“Reply”), ECF No. 34. Having carefully reviewed the relevant documents, the Court finds this matter suitable for decision without oral argument pursuant…