Johnson v. Circuit City Stores, Inc.
Opinion
Opinion
Chesney, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR REMAND; DENYING ATTORNEY’S FEES
INTRODUCTION
Before the Court is the motion of plaintiff Tom Johnson for remand of this action to the Superior Court of California, County of Contra Costa. Having considered the papers submitted in support of and in opposition to the motion, the Court deems the matter appropriate for decision on the papers, and rules as follows:
BACKGROUND
On January 14, 1999, plaintiff filed suit against defendants in the Superior Court of California, County of Contra Costa. Plaintiff alleges that defendants have misrepresented and failed to reveal material information to their customers concerning Year 2000 (“Y2K”) compliance of their products in contravention of the California Unfair Trade Practices Act, CaLBus. & Prof.Code. § 17200 et seq., and the False Advertising Act, Cal.Bus. & Prof.Code § 17500. (Compl. at ¶ 32-41.) Plaintiffs complaint seeks an injunction requiring defendants to accurately and adequately disclose to their customers, the Y2K compliance of the computer hardware and software that they sell. (Pl.Mem.Mot. at 5.)
On July 20, 1999, while the state court action was proceeding, the Y2K Act, 15 U.S.C. §…