Cappalla
Cappalla v. Schweitzer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROCCO CAPPALLA, Case No. 22-cv-0810-BAS-KSC
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS FOR LACK OF JURISDICTION (ECF No. 3) JOHN SCHWEITZER,
Defendant. 16 Plaintiff Rocco Cappalla files this Complaint pro per. (ECF No. 1.) As best as the Court can decipher, Plaintiff alleges he retained Defendant John Schweitzer in 2015 as an attorney to assist him with a family law matter. (Id.) Specifically, Plaintiff claims he hired Defendant to help him get insurance premiums reimbursed, but Defendant never fought for reimbursement of these insurance premiums, which resulted in an award of excessive spousal support. (Id.) By this action, Plaintiff is seeking reimbursement of insurance premiums in the amount of $27,000, which he claims the Superior Court ordered to his former spouse. (Id.) Defendant moves to dismiss under both Rules 12(b)(1) and 12(b)(6) of the Federal Rules of…