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Scott Schutza v. Courtesy Chevrolet Center

Court of Appeals for the Ninth Circuit · 15-55631 · 2017-07-10 · Unpublished

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Cynthia Ann Bashant (district judge)
Outcome
vacated — VACATED and REMANDED. Costs on appeal awarded to Plaintiff.
Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

FILED NOT FOR PUBLICATION JUL 10 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SCOTT SCHUTZA, No. 15-55631 Plaintiff-Appellant, D.C. No. 3:14-cv-02576-BAS-DHB v. COURTESY CHEVROLET CENTER, a MEMORANDUM* California Corporation, Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Cynthia A. Bashant, District Judge, Presiding Submitted February 6, 2017** Pasadena, California Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges.

We vacate the district court’s dismissal of this action, and we remand for reconsideration in light of Karczewski v. DCH Mission Valley, LLC, No.

15-55633.

VACATED and REMANDED. Costs on appeal awarded to Plaintiff.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2). FILED Schutza v. Courtesy Chevrolet Ctr., No. 15-55631 JUL 10 2017 BYBEE, Circuit Judge, acquiescing dubitante: MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS I acquiesce dubitante for the reasons articulated in my separate opinion in Karczewski v. DCH Mission Valley, LLC, No. 15-55633.