
    Michael TATE, Plaintiff-Appellant, v. FAMILY AUTO GROUP, INC., a California corporation, Defendant-Appellee.
    No. 15-56087
    United States Court of Appeals, Ninth Circuit.
    Submitted February 6, 2017 Pasadena, California
    Filed July 10, 2017
    Russell Clive Handy, Esquire, Potter Handy LLP, San Diego, CA, for Plaintiff-Appellant
    Ali Parvaneh, Esquire, Attorney, Madison Harbor, ALC, Irvine, CA, for Defendant-Appellee
    Felicia Ruth Reid, Attorney, Hirschfeld Kraemer LLP, San Francisco, CA, for Amici Curiae National Automobile Dealers Association, National Independent Automobile Dealers Association, California New Car Dealers Association, National Mobility Equipment Dealers Association
    Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges.
    
      
      The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

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.

BYBEE, Circuit Judge,

acquiescing dubitante:

I acquiesce dubitante for the reasons articulated in my separate opinion in Karczewski v. DCH Mission Valley, LLC, No. 15-55633. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
     