Whittaker

Whittaker v. Tactical USA LLC

Good Law
United States District Court, Eastern District of CaliforniaApril 29, 20242:23-cv-02914California3,953 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SHAMICA WHITTAKER, et al., No. 2:23-cv-02914-JAM-CKD Plaintiffs, ORDER GRANTING PLAINTIFFS’

MOTION TO REMAND AND DENYING

v. PLAINTIFFS’ REQUEST FOR

ATTORNEYS’ FEES AND COSTS

TACTICAL USA LLC, et al. Defendants.

I. BACKGROUND On July 12, 2023, Plaintiffs filed a complaint in Sacramento County Superior Court against multiple defendants alleging violations of the California Business and Professions Code. Compl., Exh. A to Not. of Removal (“Not.”), ECF No. 1-1. Plaintiffs argue they received over five hundred (500) unsolicited commercial email advertisements (“spam”) from defendant Tactical USA LLC (“Tactical”) which they never directly consented to receive, nor did they ever have any business relationship with Tactical. Id. at 9. Plaintiffs argue that pursuant to California Business and Professions Code § 17529.5 (“Section 17529.5”), they are entitled to liquidated damages of $1,000 per…

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