2014 U.S. Dist. LEXIS 140479, 2014 WL 4954674, at *13 (N.D. Cal. Oct. 1, 2014) (quoting Ellsworth, 30 F. Supp. 3d at 913)(emphasis in original). In Perryman, as in Ellsworth, the Court declared the matter a fact issue for which Plaintiff would need to produce evidence of assignment but found "nothing im