Javier

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LIA C JAVIER, Case No. 20-cv-00725-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 11 KAISER FOUNDATION HEALTH PLAN

INC,

11 Defendant.

12 This is a breach of contract case relating to a retirement plan. Dkt. No. 1. Pro se plaintiff Javier originally filed the lawsuit in the California Superior Court. Defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”) removed pursuant to this Court’s federal question jurisdiction on the grounds that Javier’s state-law breach of contract claim is completely preempted by the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. (2018). Dkt. No. 1 ¶ 4. Javier did not seek a remand. Kaiser now asks to dismiss the complaint for insufficient service of process under Federal Rule of Civil Procedure 12(b)(5), and for failure to state a claim under Rule 12(b)(6) because the breach of contract claim is preempted by ERISA. Dkt. No. 11. The motion is granted and denied in part. …