Cuellar
Cuellar v. The Guardian Life Insurance Company of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JIMMY CUELLAR, Case No. 1:23-cv-01075-CDB
Plaintiff, FINDINGS AND RECOMMENDATIONS TO
GRANT DEFENDANT’S MOTION TO
v. DISMISS WITHOUT PREJUDICE
THE GUARDIAN LIFE INSURANCE Clerk of Court to Assign District Judge
COMPANY OF AMERICA,
(Doc. 5) Defendant.
17 Plaintiff Jimmy Cuellar, proceeding pro se, commenced this action on June 7, 2023, with the filing of a complaint in the Superior Court of California, County of Kern. (Doc. 1 p. 1). The complaint raises a breach of contract claim based on allegations of loss of life insurance benefits due and owing to Plaintiff’s mother. (Doc. 1 p. 11). On July 17, 2023, Defendant The Guardian Life Insurance Company of America removed this action to the United States District Court for the Eastern District of California. Id. Defendant filed a motion to dismiss on July 20, 2023. (Doc. 5). Defendant also filed a certificate of service attesting that a…