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 IMPOSING RULE 11 SANCTIONS
APPLIED UNDERWRITERS, INC., ORDER TO CLOSE CASE
15 Defendant.
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”)
timely removed the case to this court on January 21, 2020. (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). (Doc. No. 4.)
Plaintiff did not file any opposition to that motion. On August 21, 2020 the court dismissed the above
captioned action on res judicata grounds, concluding that this case is the third substantially identical
lawsuit brought by plaintiff against defendant concerning an underlying dispute…