Environmental Research Center v. Heartland Products

IN CHAMBERS ORDER GRANTING PLAINTIFF’S MOTION TO REMAND CASE -TO STATE COURT [13]

Paul M. Cruz, Deputy Clerk.

Plaintiff Environmental Research Center, Inc. filed a complaint in the Los An-geles County Superior Court against defendant Heartland Products, Inc. alleging violations of California Health & Safety Code § 25249.5 (“Proposition 65”). Plaintiff brought its private enforcement action “in the public interest” pursuant to Cal. Health & Safety Code § 25249.7 (d). Plaintiff does not allege it was individually injured by defendant’s alleged conduct. Defendant, a North Dakota corporation, removed the case here alleging diversity jurisdiction. 28 U.S.C. § 1332 .

Plaintiff moves to remand-this case to state court pursuant to 28 U.S.C. § 1447 (c) on the-ground that plaintiff lacks standing under Article III of the United States Constitution to pursue its private Proposition 65 enforcement action in federal court. Defendant argues that Proposition 65 is a *1283 qui tam statute similar to the federal False Claims Act, which permits a partial assignment of the federal government’s damages claim to a private plaintiff, who then “has standing to assert the injury in fact suffered by…