Walker

Walker v. USAA Casualty Insurance

Good Law
474 F. Supp. 2d 1168·2007 U.S. Dist. LEXIS 9929
United States District Court, Eastern District of CaliforniaFebruary 12, 20072:06CV1618MCEDADCalifornia2,926 words

Opinion

Opinion

England, J.

MEMORANDUM AND ORDER

Through the present action, Plaintiff Johnnie Walker d/b/a PJ’s Auto Body (“Plaintiff’) alleges Defendant USAA Casualty Insurance Company (“Defendant”) has engaged in unfair competition under California Business and Professions Code section 17200; has been unjustly enriched by its unlawful conduct; and has violated California’s Cartwright Act under Business and Professions Code section 16720.

Plaintiff alleges that Defendant negotiated volume discounts for auto body repair work with certain repair shops and then demanded that Plaintiff accept similar compensation for similar work in negotiations between Defendant and Plaintiff.

Now before this Court is Defendant’s Motion to Dismiss Plaintiffs Complaint for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, USAA’s Motion to Dismiss is granted without leave to amend.

BACKGROUND

Plaintiff Johnnie Walker d/b/a PJ’s Auto Body is in the business of auto body repair in North Highlands, California. Defendant USAA Casualty Insurance Company is a multiple-line insurance company that provides, inter alia, automobile insurance in California.

On an…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.