Michael Murphy, Paul Zambito, James Martin, Kale Bittner, and John Aidan Carter v. Coinbase, Inc. and Coinbase Global, Inc.

District Court, N.D. California·Decided June 22, 2026·No. 3:26-cv-01569·Unknown

Opinion

MICHAEL MURPHY, et al., Case No. 26-cv-01569-WHO Plaintiffs, ORDER DENYING MOTION TO v. REMAND COINBASE, INC., et al., Re: Dkt. No. 15 Defendants. Plaintiffs Michael Murphy, Paul Zambito, James Martin, Kale Bittner, and John Aidan Carter move to remand this case to California state court, where they filed this complaint against defendants Coinbase, Inc. and Coinbase Global, Inc (together “Coinbase”) regarding Coinbase’s practices and representations around security and fraud on its platform. The defendants removed the case to federal court based on federal question jurisdiction. Each of plaintiffs’ causes of action raises substantial and disputed questions of federal financial services law. This court has subject matter jurisdiction and the case must remain here. Plaintiffs’ motion to remand is DENIED. The following facts are alleged in the plaintiffs’ complaint. Complaint (“Compl.”) [Dkt. No. 1-1]. Coinbase, headquartered in San Francisco, California, operates a worldwide cryptocurrency exchange platform with “over 108 million verified users . . . including millions of California residents.” Id. ¶¶ 3, 10. It serves as a custodian of digital assets, allowing for consumers to buy, sell, and store cryptocurrency directly on its platform, and collects fees from platform transactions. Id. ¶¶ 2, 22. The plaintiffs, all Coinbase users, allege that each relied upon Coinbase’s advertising— “bank-level” or “industry-leading” security, and “24/7 live support” for account issues—in his decision to store cryptocurrency on the defendant’s platform. Id. ¶¶ 22, 36. Plaintiffs assert that each lost digital assets in fraudulent transactions on the platform and that Coinbase provided little to no investigation and no relief for these transactions. Id. ¶¶ 4, 51, 68. In addition, the complaint alleges that Coinbase failed to notify affected individuals of data breaches, including “some involving Coinbase’s own contractors,” that left individuals whose data was leaked vulnerable to social engineering scams. Id. ¶¶ 24-28. Plaintiffs state that they lost “more than $1.8 million in digital assets as a direct result of Coinbase’s systemic failures.” Id. ¶ 68. Plaintiffs brought suit against Coinbase in California state court citing two causes of action: (1) Violations of the Consumer Legal Remedies Act (“CLRA”), CAL. CIV. CODE §§ 1750 et seq., and (2) Violations of the Unfair Competition Law (“UCL”), CAL. BUS. & PROF. CODE §§ 17200 et seq. Under the first cause of action, plaintiffs assert that Coinbase directly committed acts prohibited under CLRA section 1770 by: (i) “representing that its services possessed characteristics, uses, or benefits” that it did not provide (i.e., “bank-level,” “industry-leading” and “insured” security); (ii) “representing that its services were of a particular standard, quality, or grade” (e.g., “bank-level” safeguards) when they were not; (iii) falsely advertising goods and services, including “24/7 live support” and “asset insurance,” that it does not provide; and (iv) “representing that a transaction conferred rights, remedies, or obligations that it did not have or involve, by inserting contract clauses purporting to waive statutory rights to injunctive relief and to disclaim responsibility for unauthorized transfers.” Compl. ¶ 74 (citing CAL. CIV. CODE §§ 1770(a)(5, 7, 9, 14)). Plaintiffs further allege that Coinbase violated the CLRA by several material omissions, including failing to disclose to customers that “Coinbase routinely denies reimbursement for unauthorized transfers despite [Electronic Funds Transfer Act] obligations.” Id. ¶ 75(c). They state that, based on Coinbase’s representations, consumers are likely to be misled about the security of the platform and about the insufficient remedies Coinbase provides for unauthorized Under the second cause of action, plaintiffs assert that Coinbase’s conduct violated all three prongs of the UCL in that it involved unlawful, fraudulent, and unfair business practices. Id. ¶ 81. Plaintiffs state that the CLRA, the Electronic Funds Transfer Act (“EFTA”), 15 U.S.C. §§ 1693 et seq., Regulation E, 12 C.F.R. Part 1005, and California’s Elder Financial Abuse laws, CAL. WELF. & INST. CODE §§ 15630 et seq., comprise the legal predicates for their claim under the UCL’s unlawful prong. Id. ¶ 82. For all three prongs, plaintiffs allege that the relevant improper business practices include “(a) advertising ‘bank level security’ while permitting contractor data leaks; (b) promoting ‘24/7 Live Support’ that is, in fact, automated and inaccessible; (c) disclaiming liability for unauthorized transfers contrary to the EFTA; and (d) maintaining contract clauses that unlawfully waive the right to public injunctive relief under McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017).” Id. ¶ 83. Plaintiffs primarily seek public injunctive relief. They request that Coinbase be enjoined from: 1) Advertising or representing that it provides “bank-level,” “industry-leading,” or “insured” security unless verified by independent audit; 2) Adopting and publishing policies that comply with Regulation E (12 C.F.R. § 1005.11) for investigating and, where required, re- crediting unauthorized fiat electronic fund transfers (including ACH, debit-card, and prepaid/“USD wallet” rails) associated with Coinbase accounts;1 3) Misrepresenting or concealing known data breaches or contractor disclosures of customer information; 4) Maintaining arbitration, waiver, or limitation-of-liability provisions that restrict statutory rights to public injunctive relief; and 5) Operating customer-support systems that prevent timely access to human assistance in security-compromise situations. Compl., Prayer for Relief (A)(1)-(5). They also seek declaratory relief, corrective disclosures, and attorneys’ costs and fees. Id., Prayer for Relief (B)-(D). On February 23, 2026, Coinbase removed this case to federal court, asserting that plaintiffs’ complaint raised substantial federal questions regarding the application and scope of the 1 The structure of the Prayer for Relief makes it appear that plaintiffs are seeking an injunction that enjoins Coinbase from adopting policies in compliance with Regulation E. Considering the EFTA and Regulation E. Notice of Removal [Dkt. No. 1]. On March 25, 2026, plaintiffs filed a motion to remand the matter back to state court. Motion to Remand (“Mot.”) [Dkt. No. 15]. Defendants opposed. Opposition to Motion to Remand (“Oppo.”) [Dkt. No. 19]. Plaintiffs replied. Reply ISO Mot. to Remand (“Reply”) [Dkt. No. 31]. I. Removal Jurisdiction A defendant sued in state court may remove the action to federal court if the action could have been brought in federal court in the first instance. 28 U.S.C. § 1441(a). Removal statutes are “strictly constructed against removal” and “any doubt is resolved against removability.” Luther v. Countrywide Home Loans Servicing LP, 533 F.3d 1031, 1034 (9th Cir. 2008). The defendant seeking removal bears the burden of establishing that removal is proper. Id. at 1034. If a plaintiff believes a case was improperly removed, he or she may file a motion to remand. See 28 U.S.C. § 1447(c). “A district court’s subject matter jurisdiction is determined on the basis of the complaint at [the] time of removal, not as subsequently amended.” Robles v. Gillig LLC,

Michael Murphy, Paul Zambito, James Martin, Kale Bittner, and John Aidan Carter v. Coinbase, Inc. and Coinbase Global, Inc., (N.D. Cal. 2026).

Michael Murphy, Paul Zambito, James Martin, Kale Bittner, and John Aidan Carter v. Coinbase, Inc. and Coinbase Global, Inc. (Michael Murphy, Paul Zambito, James Martin, Kale Bittner, and John Aidan Carter v. Coinbase, Inc. and Coinbase Global, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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