Raya

I. BACKGROUND

24 On December 2, 2019, Plaintiff Robert Raya, proceeding pro se and in forma 25 pauperis, filed a Complaint against Defendants David Barka, Noori Barka, Evelyn Barka, 26 Calbiotech, Inc. (“Calbiotech”), Calbiotech, Inc. 401(k) Profit Sharing Plan (“401(k) 27 Plan”), Calbiotech, Inc. Pension Plan (“Pension Plan”), and Erba Mannheim. (ECF No. 1). 28 In the Complaint, Raya alleges that he is a former employee of Defendant Calbiotech. Raya alleges that he worked as a scientist for Calbiotech beginning in May 2008 and ending in late 2016. Raya alleges that Calbiotech is the administrator of the Pension Plan, which took effect in September 2008. Raya alleges that the Pension Plan provided that “[a]ll employees are eligible” to enroll in the Pension Plan. (Id. ¶ 16). Raya alleges that the Pension Plan did not “describe any exclusionary provisions” that could apply to Raya. (Id. ¶ 17). Raya alleges that he was eligible to enroll in the Pension Plan but “was never allowed to enroll.” (Id. ¶ 18). Raya alleges that between 2008 and “at least 2017,” Calbiotech concealed the existence of the Pension Plan from eligible employees. (Id. ¶ 20).…