Joel D. Joseph v. American General Life Insurance Company
| Joel D. Joseph |
| American General Life Insurance Company and Alan L. Kaye |
| 2:2016cv01245 |
| February 23, 2016 |
| US District Court for the Central District of California |
| S. James Otero |
| Gail J. Standish |
| Insurance |
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Filing
45
JUDGMENT by Judge S. James Otero: On July 7, 2016, the Court granted the Motions to Dismiss of American General Life Insurance Company (American General) and Alan L. Kaye (Kaye) with prejudice pursuant to Fed. R. Civ. P. 12(b)(6). 38 Accordi ngly, judgment is entered in favor of American General and Kaye. For the purposes of Federal Rule of Civil Procedure 54(d), 28 U.S.C. § 1920, and Civil Local Rules 54-1 through 54-10, American General and Kaye are the prevailing parties in this matter and, upon determination of the clerk of this Court, are entitled to recover appropriate costs as authorized by law. (vv)
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Filing
38
MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING PLAINTIFF'S MOTION TO REMAND [Docket No. 19 ]; GRANTING DEFENDANTS' MOTIONS TO DISMISS [Docket Nos. 24 ]; DENYING DEFENDANT AMERICAN GENERAL'S MOTION FOR SANCTIONS [Docket No. 29 .] The Court concludes that American General has met its burden ofdemonstrating that Kaye has been fraudulently joined. Accordingly, the Court DISMISSES Kaye as a defendant in this action. As there now exists complete diversity between Plaint iff and the remaining defendant American General, the Court concludes that it has subject matter jurisdiction over the instant action, and DENIES Plaintiff's Motion to Remand. Moreover, the Court finds thatPlaintiff's CLRA, UCL, and elder a buse claims are barred by the doctrine of res judicata, the applicable statute of limitations, or both. The Court GRANTS without leave to amend Defendants' Motions to Dismiss and DENIES American General's Motion for Sanctions. This case shall close. IT IS SO ORDERED. See minute order for details. ( MD JS-6. Case Terminated ) (jy)
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