Quaresma

MEMORANDUM DECISION DENYING PLAINTIFFS’ MOTION TO REMAND (Doe. 15) AND GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS FIRST AMENDED COMPLAINT AND DIRECTING PLAINTIFFS TO FILE SECOND AMENDED COMPLAINT (Doc. 12)

Before the Court are Plaintiffs’ motion to remand and Defendant’s motion to dismiss the First Amended Complaint.

A. BACKGROUND.

On January 30, 2007, Plaintiffs Maria Quaresma, an individual and successor in interest of Leonel DaRosa, a deceased individual, and Marshal S. Flam, M.D., filed a Complaint in the Fresno County Superi- or Court. Defendants are BC Life & Health Insurance Company and Does 1-10. The Complaint alleged seventeen causes of action. In pertinent part, the Complaint alleged:

[Emphasis deleted].

On February 27, 2007, Blue Cross of California, contending that it was erroneously sued as BC Life & Health Insurance Company, removed the Complaint to this Court. The Notice of Removal asserts in pertinent part:

On March 2, 2007, Defendant filed a motion to dismiss the Complaint. Plaintiffs filed a First Amended Complaint (FAC) on March 23, 2007. (Doc.10). Defendant’s motion to dismiss the Complaint was denied as moot by Order filed on…