California v. Pinnacle Security Ca. LP

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND

The District Attorney of Contra Costa County, on behalf of the People of the State of California (plaintiff), has filed a lawsuit against several entities of Pinnacle Security (defendant), a business that conducts door-to-door sales of home-security monitoring equipment. Plaintiff alleges two causes of action: (1) unfair competition under California Business and Professions Code §§ 17200 et seq. (Section 17200), and (2) false and misleading advertising under California Business and Professions Code §§ 17500 et seq.

Plaintiff originally filed this suit in Contra Costa County Superior Court, and defendant then removed the action to this Court. Now before me is plaintiffs motion to remand. For the reasons explained below, plaintiffs motion is GRANTED.

Defendant contends removal was proper because plaintiffs Section 17200 cause of action arises from violations of federal law, specifically the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq., and Regulation Z, 12 C.F.R. §§ 226.1 et seq. The burden is on the defendant to establish that removal was appropriate. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir.1992). The removal…