Lorenz v. Safeway, Inc.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS

Re: ECF Nos. 36, 38

JON S. TIGAR, United States District Judge

Before the Court are Defendants’ motions to dismiss; The Court will grant the motions in part and deny them in part.

*1010I. BACKGROUND

For the purpose of deciding this motion, the Court accepts as true the following allegations from Plaintiffs Second Amended Complaint (“SAC”), ECF No. 31. See Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001).

A. Parties

Plaintiff Dennis M. Lorenz participates in Safeway’s 401(K) Plan (“the Plan”). ECF No. 31 f 8. Defendant Safeway, Inc. sponsors…