(PS) Shinshuri v. California Physicians' Services

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAMME SHINSHURI, No. 2:18-cv-03143 TLN CKD PS 12 Plaintiffs, 13 v. FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA PHYSICIANS’ SERVICES dba Blue Shield of California, 15 Defendant. 16 17 Before the court is defendant’s motion to dismiss this action pursuant to Rule 12(b)(6) 18 under the doctrine of res judicata. ECF No. 35. Plaintiff has filed an opposition, and defendant 19 has filed a reply. ECF Nos. 39 & 40. On December 21, 2023, the motion was taken under 20 submission without appearance and argument pursuant to Local Rule 230. ECF No. 41. For the 21 reasons set forth below, the undersigned will recommend that defendant’s motion be granted. 22 I. Legal Standard 23 In order to survive dismissal for failure to state a claim pursuant to Rule 12(b)(6), a 24 complaint must contain more than a “formulaic recitation of the elements of a cause of action”; it 25 must contain factual allegations sufficient to “raise a right to relief above the speculative level.” 26 Bell…