Heavey
Heavey v. Does 1-100
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JEFFREY HEAVEY, an individual on Case No.: 25cv1099-GPC(MSB) behalf of himself and all other similarly 12 situated and the general public, ORDER FOLLOWING ORDER TO SHOW CAUSE AND SUA SPONTE Plaintiff,
REMANDING CASE TO STATE
14 v. COURT 15 WINCUP, INC., a Delaware Corporation, and DOES 1-100, inclusive, Defendant. 18 On March 21, 2025, Plaintiff filed a state court class action complaint against Defendant for violations of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code section 17200 and California’s False Advertising Law (“FAL”), Cal. Bus. & Prof. Code section 17500 alleging that Defendant falsely advertised its expanded polystyrene (“EPS”) foam products as “recyclable” when they are not. (Dkt. No. 1-2, Compl.) On April 30, 2025, Defendant removed the case to this Court pursuant to diversity jurisdiction under 28 U.S.C. § 1332(a)(1), but in fact, removal should have been made…