Quisenberry
Quisenberry v. Compass Vision, Inc.
Opinion
Opinion
Benitez, J.
ORDER GRANTING MOTION TO DISMISS IN PART AND DENYING IN PART
I. INTRODUCTION
Plaintiff EVA QUISENBERRY (“Plaintiff’) originally filed this lawsuit in a California state court. Defendants COMPASS VISION, INC. and QUEST DIAGNOSTICS, INC. (“Defendants”) timely removed this action to this Court pursuant to 28 U.S.C. § 1441 . In her Complaint, Plaintiff alleged the following claims: negligence, fraudulent misrepresentation, negligent misrepresentation, and negligent infliction of emotional distress. Plaintiff also asked for punitive and compensatory damages. Defendants filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure Rule 12(b)(6). For the reasons that follow, the Court GRANTS Defendants’ Motion to Dismiss Plaintiffs claims for fraudulent misrepresentation, negligent misrepresentation, and negligent infliction of emotional distress. The Court DENIES Defendant’ Motion to Dismiss Plaintiffs negligence claim and Plaintiffs request for punitive damages. Plaintiffs action will proceed solely on her negligence claim and her claim for damages.
II. FACTS
The facts are taken from Plaintiff's Complaint. See Schneider v. California Dept. of Corrections, 151 F.3d 1194 ,…