Braco

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND CASE TO STATE COURT

This case involves Plaintiffs challenge, under California unfair competition law, to Defendant’s alleged practice of using misleading advertising to sell pre-paid calling 'card(s) to California consumers. Defendant removed to this Court, alleging complete preemption of the state law claims. Plaintiff has filed a Motion to Remand; con versely, Defendant has filed a Motion to Dismiss. The Court finds both Motions appropriate for submission without oral argument. See Fed. R. Civ. Pro. 78; Local Rule 7.11. Accordingly, the noticed hearing date of April 9, 2001 is hereby VACATED. For the reasons indicated below, the Court finds that removal was improper, and GRANTS Plaintiffs Motion to Remand. The Court DENIES Defendant’s Motion to Dismiss, as moot. The Court ORDERS Defendant to pay attorneys’ fees, totaling $7,500.00.

I. PROCEDURAL HISTORY

On December 19, 2000, Plaintiff ANN MARIE BRACO (“Plaintiff,” or “Braco”) filed the operative Complaint in this case in Los Angeles County Superior Court against Defendant MCI WORLDCOM COMMUNICATIONS, INC. (“Defendant,” or “MCI”). The Complaint asserts two Causes of Action under…