Dr. John Attenello MD APC v. UnitedHealthcare Insurance Company

I. INTRODUCTION

On February 10, 2025, Dr. John Attenello MD APC (“Plaintiff”) filed this action against UnitedHealthcare Insurance Company (“Defendant”) in the Small Claims Court of the Superior Court of California, County of Los Angeles. (ECF No. 1.) Plaintiff alleges the following claims: (1) underpaid emergent/post stabilization emergent care for patient; (2) unjust enrichment and detrimental reliance; and (3) violation of Cal. Health & Safety Code §§ 1340, et seq. On March 13, 2025, Defendant removed the action to federal court based federal question jurisdiction and federal officer removal. (ECF No. 1.) Presently before the Court is Defendant’s Motion to Dismiss. (ECF No. 8.) For the following reasons, the Court GRANTS the Motion.

II. JUDICIAL STANDARD

Under Federal Rule of Civil Procedure (“Rule”) 8(a), a complaint must contain a “short and plain statement of the claim showing that the [plaintiff] is entitled to relief.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). If a complaint fails to adequately state a claim for relief, the defendant may move to dismiss the claim under Rule 12(b)(6) to dismiss for failure to state a claim upon which relief can be granted.…