Franklin
Franklin v. Scripps Health
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHELLE FRANKLIN, et al., Case No. 22-cv-0367-MMA-MMP individually and on behalf of all others 12 similarly situated, ORDER DENYING JOINT MOTION TO DISMISS WITHOUT Plaintiffs,
PREJUDICE TO FUTURE FILINGS
14 v. [Doc. No. 26] SCRIPPS HEALTH, et al., 16 Defendants. 17 18 19 On April 30, 2025, Plaintiffs Michelle Franklin and Irene Gamboa (“Plaintiffs”) and Defendant Scripps Health (“Defendant”) filed a joint stipulation, which the Court construes as a joint motion, to dismiss Plaintiffs’ sixth cause of action (Private Attorney General Act) against Defendant pursuant to Federal Rule of Civil Procedure 41(a)(1). Doc. No. 26. However, Rule 41(a) provides for dismissal only as to actions, not as to individual claims within an action. Fed. R. Civ. P. 41(a); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 687–88 (9th Cir. 2005) (holding that Rule 41(a) does not allow for “piecemeal dismissals,” and that…