Defendant’s Motion to Dismiss or Stay All Proceedings or, in the alternative, Demurrer TENTATIVE RULING
Defendant ABBOTT LABORATORIES, INC. alternatively moves to dismiss or stay Plaintiffs MAULID AMBARY (“AMBARY”) and GABRIELA SANCHEZ’s (“SANCHEZ”) complaint against it under the Private Attorneys General Act (“PAGA”) on the basis that this action is duplicative of a class action suit SANCHEZ presently maintains against Defendant in federal court. Defendant additionally demurs to the complaint. Defendant’s motion to dismiss as to Plaintiff GRACIELA SANCHEZ is granted. Defendant’s motion to stay as to Plaintiff MAULID AMBARY is granted. The Court does not reach Defendant’s demurrer.
The Court takes judicial notice of Graciela Sanchez v Abbott Laboratories, Solano County Superior Court Case No. FCS054734, filed on May 4, 2020 and removed to federal court on July 17, 2020, and Graciela Sanchez v Abbott Laboratories, Eastern District Court of California 2:20-cv-01436-TLN-AC. In this suit f
Hearing Date
September 22, 2020
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Defendant’s Motion to Dismiss or Stay All Proceedings or, in the alternative, Demurrer TENTATIVE RULING
Defendant ABBOTT LABORATORIES, INC. alternatively moves to dismiss or stay Plaintiffs MAULID AMBARY (“AMBARY”) and GABRIELA SANCHEZ’s (“SANCHEZ”) complaint against it under the Private Attorneys General Act (“PAGA”) on the basis that this action is duplicative of a class action suit SANCHEZ presently maintains against Defendant in federal court. Defendant additionally demurs to the complaint. Defendant’s motion to dismiss as to Plaintiff GRACIELA SANCHEZ is granted. Defendant’s motion to stay as to Plaintiff MAULID AMBARY is granted. The Court does not reach Defendant’s demurrer.
The Court takes judicial notice of Graciela Sanchez v Abbott Laboratories, Solano County Superior Court Case No. FCS054734, filed on May 4, 2020 and removed to federal court on July 17, 2020, and Graciela Sanchez v Abbott Laboratories, Eastern District Court of California 2:20-cv-01436-TLN-AC. In this suit f