Daniels
Daniels v. Philip Morris Companies, Inc.
Opinion
Opinion
Gonzalez, J.
ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND
BACKGROUND
On April 2, 1998, plaintiffs filed a class action lawsuit in San Diego Superior Court against defendant tobacco companies based on a single claim of unfair and deceptive business practices under Cal. Bus. & Prof. Code § 17200 et seq. In the complaint, plaintiffs allege that (a) defendants’ advertising practices are deceptive because they fail to warn consumers of the addictive nature of tobacco; (b) as a result of these deceptive practices, plaintiffs have become addicted to cigarettes; and, (e) this addiction has cost the plaintiffs thousands of dollars each in cigarette purchases. This lawsuit is an effort to recoup those expenditures. In their prayer for relief, plaintiffs request (a) restitution; (b) an injunction to prohibit defendants from engaging in deceptive advertising; (e) costs of the suit; and, (d) attorney’s fees.
On May 4, 1998, defendants filed a notice of removal under 28 U.S.C. § 1441 . In their notice, defendants noted that this Court has jurisdiction over the case based on diversity jurisdiction. Defendants contend there is complete diversity between the parties and the amount in controversy requirement…