Andrew Roach v. Purple Innovation, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ANDREW ROACH, Case No. 2:25-cv-08140-SB-MBK Plaintiff, v. ORDER GRANTING MOTION TO

REMAND [DKT. NO. 17]

PURPLE INNOVATION, LLC,

Defendant.

Plaintiff Andrew Roach is a model who alleges that Defendant Purple Innovation, LLC used his image and likeness from a June 2021 photoshoot on its website after its right to do so expired. Plaintiff filed this action in state court on June 23, 2025, alleging two claims under California law: (1) common-law misappropriation of likeness and (2) violation of Civil Code § 3344 (statutory misappropriation of likeness). Defendant was served on June 30. Nearly two months later, on August 28, Defendant removed the case, invoking federal- question jurisdiction and contending that Plaintiff’s claims are preempted by the Copyright Act, 17 U.S.C. § 102, because they are based on the unauthorized use of a photograph. Plaintiff moves to remand. The Court finds this matter suitable for decision without oral argument and vacates the October 17 motion hearing. Fed. R. Civ. P. 78; L.R. 7-15. Because the removal was improper, the motion is…