Aguilar

Aguilar v. Applied Underwriters, Inc.

Good Law
United States District Court, Eastern District of CaliforniaAugust 21, 20201:20-cv-00111California4,515 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

11 GUSTAVO AGUILAR, No. 1:20-cv-00111-NONE-SKO 12 Plaintiff, 13 v. ORDER GRANTING DEFENDANT’S

UNOPPOSED MOTION TO DISMISS;

APPLIED UNDERWRITERS, INC., DENYING DEFENDANT’S REQUEST TO

DECLARE PLAINTIFF A VEXATIOUS

15 Defendant. LITIGANT; AND ORDERING PLAINTIFF

TO SHOW CAUSE RE RULE

SANCTIONS

17 (Doc. No. 4)

INTRODUCTION

Plaintiff Gustavo Aguilar (“plaintiff”) filed the present action in Fresno County Superior Court

on December 12, 2019. (Doc. No. 1-2 at 4–12.) Defendant Applied Underwriters, Inc. (“defendant”)

filed a timely notice of removal under 28 U.S.C. § 1446(b) on January 21, 2020, asserting jurisdiction

on the basis of diversity under 28 U.S.C. § 1332(a). (Doc. No. 1 at 2–3.) On January 28, 2020,

defendant filed a motion to dismiss the complaint on res judicata grounds, or in the alternative, for

failure to state a claim pursuant to Federal Rules of Civil Procedure 8(a) and 12(b)(6).…

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