Opinion
Case No. 2:10-CV-02761 JAM-CMK.
April 19, 2011
ORDER GRANTING DEFENDANT's MOTION TO DISMISS SIXTH AND SEVENTH CAUSES OF ACTION WITH PREJUDICE
This matter comes before the Court on Defendant's Motion to Dismiss Plaintiff's Sixth and Seventh Causes of Action for loss of consortium and wrongful death. After reviewing the papers and considering the arguments of counsel, the Court orders as follows:
This motion was determined to be suitable for decision without oral argument. E. D. Cal. L. R. 230(g). The hearing was scheduled for April 20, 2011.
1. Defendant's Motion is GRANTED
2. California's Workers Compensation Act, Cal. Lab. Code § 3200, et seq., preempts Plaintiff's common law tort claims for wrongful death and loss of consortium; and
3. The Sixth and Seventh Causes of Action in the Complaint for loss of consortium and wrongful death are dismissed with prejudice.
IT IS SO ORDERED.
Dated: April 18, 2011