*1 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. *2 FILED Tate v. Family Auto Grp., Inc. , No. 15-56087 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.

[*] 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).