Banko v. Apple Inc.

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS

RICHARD SEEBORG, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

This matter arises from the decision by defendant Apple, Inc. (“Apple”) to fire plaintiff Joshua Banko (“Banko”). The complaint asserts five claims for relief. Defendant Apple moves to dismiss all five claims for failure to state a claim upon which relief may be granted. For the following reasons, defendant’s motion to dismiss is granted in part and denied in part, with leave to amend. This matter is suitable for disposition without oral argument pursuant to…