17 Cited authorities

LVRC Holdings LLC v. Brekka
581 F.3d 1127 (9th Cir. 2009) Cited 510 times 49 Legal Analyses
Holding that that the CFAA targets the unauthorized procurement or alteration of information rather than its misuse
Cantu v. Resolution Trust Corp.
4 Cal.App.4th 857 (Cal. Ct. App. 1992) Cited 520 times
Holding that "intentional infliction of emotional distress is an injury to the person"
Davis v. Facebook, Inc. (In re Facebook, Inc. Internet Tracking Litig.)
956 F.3d 589 (9th Cir. 2020) Cited 225 times 11 Legal Analyses
Holding that those who "surreptitiously duplicate transmissions between two parties," including GET requests like the ones here, are not parties to the communication under the Wiretap Act
Tellez v. Rich Voss Trucking, Inc.
240 Cal.App.4th 1052 (Cal. Ct. App. 2015) Cited 98 times 1 Legal Analyses
H040375 09-30-2015 Miguel TELLEZ Plaintiff and Appellant, v. RICH VOSS TRUCKING, INC., et al., Defendants and Respondents. Matern Law Group, Matthew J. Matern, Torrance, Rania S. Habib, Counsel for Plaintiff/Appellant. Miller, Morton, Caillat & Nevis, David I. Kornbluh, Stephanie M. Rocha, San Jose, Courtney J. Rogerson, Counsel for Defendants/Respondents. ELIA, J. Matern Law Group, Matthew J. Matern, Torrance, Rania S. Habib, Counsel for Plaintiff/Appellant. Miller, Morton, Caillat & Nevis, David
Perkins v. Linkedin Corporation
53 F. Supp. 3d 1190 (N.D. Cal. 2014) Cited 90 times 2 Legal Analyses
Holding that LinkedIn adequately disclosed that it collected email addresses from users' contact lists when they created accounts, because it told users that "LinkedIn.com is asking for some information from your Google Account," including the users' "Google Contacts"
In re Google Assistant Privacy Litig.
457 F. Supp. 3d 797 (N.D. Cal. 2020) Cited 57 times
Holding that CIPA claim under first clause must be dismissed if allegations do not show that technology at issue "operates using telegraph or telephone wires"
Tucker v. Pacific Bell Mobile Services
208 Cal.App.4th 201 (Cal. Ct. App. 2012) Cited 72 times 2 Legal Analyses
Finding the underlying facts in the complaint "indistinguishable" from those in which the "alleged misrepresentations were not uniformly made to proposed class members"
Mastel v. Miniclip SA
549 F. Supp. 3d 1129 (E.D. Cal. 2021) Cited 33 times 1 Legal Analyses
Holding “[a]lthough iPhones contain the word ‘phone' in their name, and have the capability of performing telephonic functions, they are, in reality, small computers.”
George v. Auto. Club of South. California
201 Cal.App.4th 1112 (Cal. Ct. App. 2011) Cited 47 times
Applying rule, but finding no ambiguity
Smith v. Facebook, Inc.
262 F. Supp. 3d 943 (N.D. Cal. 2017) Cited 21 times
In Smith, at issue was Facebook's tracking visits to websites that publish general and publicly available information about medical conditions, such as http://www.cancer.net/.

Memorandum Points and Authorities

17 Cited authorities

Holding that that the CFAA targets the unauthorized procurement or alteration of information rather than its misuse

Holding that "intentional infliction of emotional distress is an injury to the person"

Holding that those who "surreptitiously duplicate transmissions between two parties," including GET requests like the ones here, are not parties to the communication under the Wiretap Act

Holding that LinkedIn adequately disclosed that it collected email addresses from users' contact lists when they created accounts, because it told users that "LinkedIn.com is asking for some information from your Google Account," including the users' "Google Contacts"

Holding that CIPA claim under first clause must be dismissed if allegations do not show that technology at issue "operates using telegraph or telephone wires"

Finding the underlying facts in the complaint "indistinguishable" from those in which the "alleged misrepresentations were not uniformly made to proposed class members"

Holding “[a]lthough iPhones contain the word ‘phone' in their name, and have the capability of performing telephonic functions, they are, in reality, small computers.”

Applying rule, but finding no ambiguity

In Smith, at issue was Facebook's tracking visits to websites that publish general and publicly available information about medical conditions, such as http://www.cancer.net/.