Justin Lovelace v. AK Futures, LLC
Opinion
Trial Court Opinion
I. Background
A. Factual Background
Plaintiff Justin Lovelace (“Lovelace” or “Plaintiff”) brought this lawsuit against Defendant AK Futures, LLC (“AK Futures” or “Defendant”) alleging unfair, deceptive, and illegal actions after purchasing two delta-8 CAKE vape pens sold by the Defendant. Complaint (Dkt. 1) ¶¶ 15, 20. Plaintiff purchased the vape pens online while physically present within the State of California. Id. ¶ 15.
B. Procedural Background
Plaintiff filed the complaint in Orange County Superior Court on April 12, 2024 against Defendant alleging violations of the California Consumer Legal Remedies Act,
CIVIL MINUTES – GENERAL
Case No. 8:24-CV-01154-DOC-PDx Date: June 27, 2024
Page
California Unfair Competition Law, California False Advertising Law, unjust enrichment, and negligent misrepresentation. Complaint. Defendant was served with the Complaint and Summons on April 22, 2024. Ex. A (Dkt. 1) at 4. Defendant removed the case to this Court on May 29, 2024 asserting that this Court has subject matter jurisdiction. Notice of Removal (“Removal”) (Dkt. 1). The Court asked for supplemental briefing on the issue (Dkt. 13) and Defendant submitted…