Berry

Berry v. American Express Publishing, Corp.

Good Law

381 F. Supp. 2d 1118·2005 WL 1941151·2005 U.S. Dist. LEXIS 15514

United States District Court, Central District of CaliforniaJune 15, 2005SA CV 05-302AHS (ANX)California2,899 words

Opinion

Stotler, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR REMAND

I. PROCEDURAL BACKGROUND

On April 19, 2005, plaintiff Samuel A. Berry (“Berry”) filed a motion to remand. On May 2, 2005, defendants American Express Publishing Corporation, American Express Travel Related Services Company, Inc., and American Express Centurion Bank (“defendants”) filed opposition. Plaintiff filed a reply thereto on May 9, 2005. By Order dated May 10, 2005, the Court took the matter under submission.

II. FACTUAL HISTORY

On March 3, 2005, plaintiff filed a class action complaint, No. 05CC00049 (“Complaint”), in the Superior Court of California, County of Orange, on behalf of himself and others similarly situated. Plaintiff has filed the present suit for injunctive relief to end an allegedly unlawful business practice whereby defendants charge credit card holders for unsolicited magazine subscriptions unless the credit card holders take affirmative actions to the contrary. Plaintiff, who was charged for a subscription to “Travel + Leisure,” was able to reverse the charges and cancel the magazine after contacting defendants. Nonetheless, plaintiff contends that defendants’ actions violate California Civil Code §§…

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