Aguilar

Aguilar v. Applied Underwriters, Inc.

Good Law
United States District Court, Eastern District of CaliforniaNovember 12, 20201:20-cv-00111California1,192 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 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…

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