Garnica

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 CATARINA GARNICA, et al., No. 2:20-cv-02411-MCE-CKD Plaintiffs, v. MEMORANDUM AND ORDER LABORATORY CORPORATION OF

AMERICA HOLDINGS,

14 Defendant.

16 Through this action, Plaintiffs Catarina Garnica, Vanessa Singh, and Albert Garnica (collectively “Plaintiffs”) seek to recover damages from Defendant Laboratory Corporation of America Holdings (“Defendant”) for negligence, res ipsa loquitur, and breach of contract based on the allegedly flawed processing and reporting, by Defendant, of court-ordered paternity test results during state custody proceedings. Presently before the Court is Defendant’s Motion to Dismiss, made pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a viable claim. Defendant asserts the case is barred by California’s litigation privilege, as codified by California Civil Code § 47. ECF No. 10. Defendant’s Motion is GRANTED with leave to amend.1

27 1 Because oral argument would not have been of material…