California Ex Rel. Brown v. Native Wholesale Supply Co.

ORDER

Plaintiff, the People of the State of California, seek to enjoin the defendant, Native Wholesale Supply Company, and all other persons acting in concert with them from unlawfully selling or reselling cigarettes to persons or businesses in California. Plaintiffs alleges that defendants’ conduct violates the California Tobacco Directory Law, Cal. Rev. & Tax.Code § 30165.1; the Fire Safety and Firefighter Protection Act; the Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200 et seq.; and standing injunctions.

Pending before the court is plaintiffs motion to remand to Sacramento Superior Court and defendant’s motion to dismiss the complaint for lack of personal jurisdiction. For the reasons explained below, the motion to remand is granted and thus the court cannot reach the motion to dismiss.

I. FACTUAL ALLEGATIONS

Defendant is a closely held corporation chartered by the Sac and Fox Tribe of Oklahoma and has its principal place of business in the state of New York. Compl. ¶ 5.

Since January 1, 2004, defendant has imported and distributed cigarettes manufactured by Grand River Enterprises (“Grand River”) in Canada. Id. ¶ 11. Neither the cigarette brands…