Mel Garcia v. Kahala Brands, LTD

I. Background

Mel Garcia (“Plaintiff”), on behalf of himself and other similarly situated individuals, filed suit in California state court against MTY Franchising USA, Inc., Kahala Brands Ltd., and John Doe Corp. d/b/a Baja Fresh (collectively referred to as “Defendants”) alleging a violation of the Fair and Accurate Credit Transactions Act (“FACTA”) amendment to the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. See Complaint, attached as Ex. A to Notice of Removal, Docket No. 1-1. Plaintiff alleges that Defendants violated the FACTA by printing the expiration date of credit cards and debit cards on the receipts provided to customers. See id. ¶ 2. Defendants removed this case to federal court on November 25, 2019. See Notice of Removal (“NoR”), Docket No. 1. Before the Court is Plaintiff’s motion to remand. See Plaintiff’s Notice of Motion and Motion to Remand Action to State Court (“Motion”), Docket No. 12. Defendants filed an opposition. See Defendants Kahala Brands, Ltd, and MTY Franchising USA, Inc.’s Opposition to Plaintiff’s Motion to Remand (“Opp.”), Docket No. 14. Plaintiff filed a reply. See Plaintiff’s Reply to Motion to Remand Action to State…