IV Solutions, Inc. v. Empire HealthChoice Assurance, Inc.

I. INTRODUCTION

20 Before the Court is Defendant Empire HealthChoice Assurance, Inc.’s 22 (“Empire”) Motion to Dismiss the First Amended Complaint (“Motion” and “FAC,” 23 respectively) filed by Plaintiff IV Solutions, Inc. (“IVS”). (Mot. to Dismiss FAC 24 (“Mot.”), ECF No. 41.) The issue is fully briefed. (See Mot.; Opp’n to Mot. 25 (“Opp’n”), ECF No. 42; Reply ISO Mot. (“Reply”), ECF No. 43.) For the following 26 27 28 1 reasons, the Court GRANTS Empire’s Motion and DISMISSES IVS’s FAC 2 WITHOUT LEAVE TO AMEND.1 II. PROCEDURAL HISTORY IVS initiated this action for fraud, breach of contract, and open book account in 5 the Los Angeles County Superior Court on June 23, 2017. (Notice of Removal 6 (“NOR”) ¶ 1, ECF No. 1; Decl. of Farah Tabibkhoei Ex. 1 (“Compl.”), ECF No. 1-2.) 7 After removing the case to this Court, Empire moved to dismiss IVS’s Complaint 8 under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (Mot. to Dismiss Compl., 9 ECF No. 10.) At the time, the Court granted Empire’s motion to dismiss with 10 prejudice because the applicable statutes of limitations …