Citizens Insurance Company of America v. Chief Digital Advisors
- Proceeding
- district
- Area
- civil
- Panel
- Michael M. Anello (author)
Analysis
The court considered a joint motion by the plaintiff and defendant Assessment Technologies Institute, L.L.C. (ATI) to dismiss ATI from the action with prejudice in exchange for ATI being bound by the precedent set in Buss v. Superior Court. The court granted the motion, dismissing the action as to ATI only with prejudice, and ordered the parties to bear their own costs and fees.
| What the court decided | The model |
|---|---|
Joint motion to dismiss ATI with prejudice granted“The Court, having reviewed the motion and finding good cause therein, GRANTS the motion. The above entitled action shall be and hereby is dismissed as against ATI only and no other Defendant, with prejudice.” | agree with court The court accepted the parties' stipulation to dismiss one defendant with prejudice. While the order does not explicitly state the legal basis for binding ATI to the Buss precedent (likely a settlement agreement or stipulation), the court found 'good cause' and exercised its discretion to dismiss the case as to that specific defendant. This is a standard procedural disposition based on the parties' agreement. |
The order itself: sound — The order is a short, procedural disposition granting a joint motion. It correctly identifies the parties, the nature of the motion, and the specific relief granted (dismissal with prejudice as to one defendant only). It does not contain complex legal reasoning that could be flawed, as it rests on the parties' agreement and the court's finding of good cause.
Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 SOUTHERN DISTRICT OF CALIFORNIA 5 6 | CITIZENS INSURANCE COMPANY OF) Gace No: 3:20-CV-01075-MMA-AGS AMERICA, ORDER GRANTING JOINT 8 Plaintiff, MOTION 9 V. [Doc. No. 11] 10 11 | CHIEF DIGITAL ADVISORS; CATHY 12 PARKES d/b/a LEVEL UP RN; and ASSESSMENT TECHNOLOGIES 13 | INSTITUTE L.L.C., 14 15 Defendants. 16 Plaintiff and Defendant Assessment Technologies Institute, L.L.C. (“ATT’) 17 filed a joint motion for ATI to be bound by the final judgment rendered in Buss v. 18 Superior Court (1997) 16 Cal. 4th 35 in exchange for Plaintiffs dismissal of ATI 19 with prejudice from this action. The Court, having reviewed the motion and finding 20 good cause therein, GRANTS the motion. The above entitled action shall be and 21 hereby is dismissed as against ATI only and no other Defendant, with prejudice. 22 Plaintiff and ATI shall each bear their own costs and attorneys’ fees incurred in this 23 action. 24 25 Dated: August 12, 2020 lu (eagles 27 HON. MIC HAEL M. ANELLO 28 United States District Judge
Cites, in this corpus
- Buss v. Superior Court S052844 · 1997-07-24