Gallo

Gallo v. Unknown Number of Identity Thieves

Good Law
254 F. Supp. 3d 1096·2017 WL 2351533·2017 U.S. Dist. LEXIS 83532
United States District Court, Northern District of CaliforniaMay 31, 2017Case No. 17-CV-01465-LHKCalifornia5,205 words

Opinion

Lead Opinion

Koh, J.

ORDER GRANTING MOTION TO REMAND

Re: Dkt. No. 754

Plaintiff David Gallo (“Gallo”) brings this case against an “Unknown Number of Identity Thieves”; Anthem Blue Cross Life and Health Insurance Company (“Anthem Blue Cross”); Compass Bank; American Express Company; Paypal, Inc.; Powerpay, LLC; and Does 1-100 (collectively, “Defendants”). Before the Court is Plaintiffs motion to remand the case to the Superior Court of California, County of San Diego (“San Diego County Superior Court”). ECF No. 754.

Haying considered the submissions of the parties, the relevant law, and the record in this case, the Court GRANTS Plaintiffs motion to remand the case to San Diego County Superior Court.

I. BACKGROUND

A. Factual Background

Defendant David Gallo is a solo practitioner attorney based in the state of California. Compl. ¶¶ 3, 11. In 1995, Gallo obtained health insurance through the State Bar of California Group Health Insurance Program (“State Bar”) from Blue Cross of California. Id. 12. “[I]n or around the late 1990s,” the State Bar stopped offering group insurance plans, and so Gallo purchased an individual plan. Id. ¶ 14. At some point, Gallo alleges that Blue Cross of California…

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