Enriquez
Enriquez v. Sirius XM Radio, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 JOSEPH ENRIQUEZ, CASE NO. 1:21-CV-1240 AWI BAK
Plaintiff
ORDER ON PLAINTIFF’S MOTION TO
v. REMAND AND DEFENDANT’S
MOTION TO DISMISS
SIRIUS XM RADIO, INC., and DOES 1 through 10, inclusive, (Doc. No. 6, 8) Defendants 11 12 This is a dispute between Plaintiff Joseph Enriquez (“Plaintiff”) and Defendant Sirius XM Radio, Inc. (“SXM”) regarding SXM’s advertising, pricing, and discount/rebate policies. Enriquez seeks only declaratory and public injunctive relief against SXM under Cal. Civil Code § 1750 et seq. (the Consumers Legal Remedies Act (“CLRA”)), Cal. Business & Professions Code § 17200 et seq. (the Unfair Competition Law (“UCL”)), and Cal. Code of Civ. Procedure § 1060. This case was removed by SXM from the Kern County Superior Court on the basis of diversity jurisdiction. Currently before the Court is SXM’s Rule 12(b)(6) motion to dismiss and Enriquez’s motion to remand. For the reasons that follow, the Court will…