Guthrie

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN GUTHRIE, et al., Case No. 3:21-cv-04688-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. REMAND

TRANSAMERICA LIFE INSURANCE Re: Dkt. No.

COMPANY,

11 Defendant.

12 INTRODUCTION This case presents an issue that is both novel and settled by a century-old principle. The plaintiffs seek a single remedy under a single statute: equitable restitution under California’s Unfair Competition Law (“UCL”). Last year, the Ninth Circuit held in Sonner v. Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020), that traditional federal equitable rules apply to UCL restitution; in particular, a plaintiff must demonstrate that she lacks an adequate remedy at law before securing UCL restitution. District courts have understood Sonner to require that, at a minimum, a plaintiff plead that she lacks an adequate remedy at law. The plaintiffs in this case do not plead that they lack legal remedies; in fact, they represent that…