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Anthony Gasero (Deceased), By ) and Through His Successor In Interest, Linda Gasero Individually and As Successor In Interest v. Autozone

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,
v.
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.


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