Becerra

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 R.J. REYNOLDS TOBACCO Case No.: 20-CV-1990-CAB-WVG COMPANY et al.,

ORDER DISMISSING CASE FOR

Plaintiffs, LACK OF JURISDICTION v. 14 XAVIER BECERRA et al., [Doc. Nos. 6, 36, 38] 15 Defendants. 16 17 In this matter, Plaintiffs ask the Court to declare that California Senate Bill 793 (“S.B. 793”) is invalid and unenforceable because it is preempted by federal law and violates the dormant Commerce Clause of the United States Constitution. On the same day they filed the complaint, Plaintiffs moved for a preliminary injunction on enforcement of S.B. 793. [Doc. No. 6.] Defendants have opposed Plaintiffs’ motion and moved to dismiss the complaint for failure to state a claim. [Doc. Nos. 36, 38.] Upon review of the record,1 the Court finds that Plaintiffs’ challenge to the constitutionality of S.B. 793 is not ripe for 25

27 1 The motions had been pending before another judge. The case was recently reassigned to the 28 resolution and that…