Aguilar
Aguilar v. Applied Underwriters, Inc.
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).…