UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 18, 2011
ANTHONY GASERO (DECEASED), BY ) AND THROUGH HIS SUCCESSOR IN INTEREST, LINDA GASERO INDIVIDUALLY AND AS SUCCESSOR IN INTEREST, PLAINTIFF,
AUTOZONE, INC., JIM KULBACKI AND DOES 1-100, INCLUSIVE DEFENDANT.
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.*fn1 After reviewing the papers and considering the arguments of counsel, the Court orders as follows:
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.