Antonio Fernandez v. Avanquest North America LLC

I. BACKGROUND

On November 16, 2023, Plaintiff Antonio Fernandez filed this class action lawsuit in Los Angeles County Superior Court against Defendant Avanquest, bringing claims for false advertising and unfair competition. ECF 1-2. Specifically, Plaintiff argues that Avanquest violated California’s Automatic Renewal Law, Cal. Bus. & Prof. Code § 17600 et seq., and California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200 et seq., by selling California consumers a digital photo-editing computer program that automatically renewed itself when the original subscription ran out, without first notifying consumers or giving them an opportunity to opt-out of the renewal. See generally ECF 1-2; ECF 29. On October 7, 2024, Avanquest removed this action to federal court, arguing that this Court has jurisdiction due to diversity between the parties and pursuant to the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d). ECF 1. On November 5, 2024, Plaintiff filed this Motion to Remand the case back to state court. ECF 14. Defendant opposed the Motion and Plaintiff replied. ECF 15; ECF 16.

1 Plaintiff originally sued Avanquest North America, LLC…