Excel Packaging Systems, Inc. v. Truline Packaging

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 5:20-cv-01980-SVW Date December 10, 2020 Title Excel Packaging Systems, Inc., v. Truline Packaging and George Youssefian Present: The STEPHEN V. WILSON, UNITED STATES DISTRICT JUDGE Honorable Paul M. Cruz N/A Deputy Clerk Court Reporter / Recorder Proceedings: IN CHAMBERS ORDER GRANTING [11] MOTION TO REMAND Before the Court is Plaintiff’s motion to remand this case to San Bernardino County Superior Court. Dkt. 11. Defendants oppose Plaintiff’s motion, arguing that Plaintiff’s claims of unfair competition and injunctive relief arise under, and are preempted by, federal law. Dkt. 14 at 4. Although Plaintiff dropped all of its federal claims, Defendants suggest that Plaintiff is cloaking its copyright infringement claim as state law claims. Id. Defendants point to Plaintiff’s use of the word “copyrights” in two paragraphs of the First Amended Complaint (“FAC”), see Dkt. 15 at ¶¶ 37, 40, and other allegations in the complaint about Defendants accessing and copying Plaintiff’s website and catalog. The Court rejects Defendants’ arguments. …