No Federal Jurisdiction in California Smokeshop Case

Here are the materials in State ex rel. Harris v. Rose (E.D. Cal.):

DCT Order Granting Remand

Motion to Remand



An excerpt:

Plaintiff State of California initially sued defendant Darren Rose in Shasta County Superior Court, alleging that Rose violated state law by selling certain unregistered cigarette brands and by failing to properly collect & remit tobacco excise taxes. Rose removed the matter to this court, alleging federal question jurisdiction. California now moves to remand, and seeks an accompanying award of attorney’s fees and costs if it prevails on this motion.

The motion came on for hearing on May 13, 2013. Having considered the matter, for the reasons set forth below, the court will grant California’s motion and remand this matter.