Mercier

ORDER DISMISSING COMPLAINT IN PART AND REMANDING COMPLAINT IN PART

This Court heard oral argument on plaintiffs’ motion to remand this case to state court, and defendants’ motions to dismiss and to strike plaintiffs’ complaint on December 1, 1986. For the reasons discussed below, the Court has concluded that plaintiffs’ motion to remand this case without reaching the merits should be denied and that defendants’ motion to dismiss counts two and three of plaintiffs’ first amended complaint with prejudice should be granted. The federal claims having been dismissed, count one of the first amended complaint must be remanded to the state court.

I. Background

Plaintiffs in this case (collectively referred to as “the Party”) are the California Republican Party, its chairman, Clair W. Burgener, and a member of the Party, John A. Slezak. Defendants (collectively referred to as “Mercier”) are two individuals, Michael Mercier and Jim Corey, and their unincorporated business association, Republic Media Group, as well as one hundred unnamed Does.

The facts underlying this controversy are relatively simple. Just prior to the June 1986 California primary election, Mercier mailed several…