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Other Fraud | California Southern
Notice of Voluntary Dismissal
NOTICE of Voluntary Dismissal by Kyle McCarty (Carpenter, Todd)
Minute Order (No Time) ~Util - Set Motion and R&R Deadlines/Hearings
Minute Order by Judge Jinsook Ohta: On August 18, 2025, Plaintiff filed a class action alleging deceptive pricing practices in violation of California's Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200, et seq. ("UCL"); California's False Advertising Law, Cal. Bus. & Prof. Code §§ 17500, et seq. ("FAL"); California's Consumers Legal Remedies Act, Cal. Civ. Code §§ 1750, et seq.; and on theories of unjust enrichment and fraud. Unlike a state court, a federal court has equitable jurisdiction to issue equitable relief only where a plaintiff has no adequate legal remedy against a defendant based on the same harm. Sonner v. Premier Nutrition Corp., 971 F.3d 834, 842 (9th Cir. 2020). Here, Plaintiff requests equitable relief under the UCL, FAL, and for unjust enrichment. Complaint ¶¶ 79, 86, 94–106. Plaintiff alleges irreparable harm from Defendant's ongoing conduct, entitlement to recover the difference between price paid and value received, and uncertainty as to whether damages will fully compensate the alleged harm. Id. However, it is unclear whether these allegations sufficiently establish the inadequacy of a legal remedy. The Court therefore ORDERS PLAINTIFF TO SHOW CAUSE why his equitable claims should not be dismissed for lack of equitable jurisdiction without prejudice to refiling in state court. In the alternative, Plaintiff may voluntarily dismiss his equitable claims or the entire case and refile in state court. Plaintiff shall file a written response to this order on or before September 25, 2025. The Court sets the hearing for September 25, 2025, at 9:00 am. Unless otherwise directed by the Court, there shall be no oral argument and no personal appearances are necessary. Signed by Judge Jinsook Ohta on 09/04/2025. (rh)
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