LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 119

NOTICE SUBSEQUENTLY DECIDED CASE PRECIDENT RELEVANT TO LEGALZOOM.COM, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Plaintiff LegalZoom.com Inc. (Attachments: # 1 Exhibit A)(Heather, Fred)

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PATRICIA L. GLASER - State Bar No. 55668
[e-mail]
FRED D. HEATHER - State Bar No. 110650
[e-mail]
AARON P. ALLAN - State Bar No. 144406
[e-mail]
GLASER WEIL FINK HOWARD
AVCHEN & SHAPIRO LLP
10250 Constellation Boulevard, 19th Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
LegalZoom.com, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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LEGALZOOM.COM, INC., a Delaware
corporation,

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Plaintiff,

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v.

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ROCKET LAWYER INCORPORATED,
a Delaware corporation,

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Defendant.

CASE NO.: CV 12-9942-GAF (AGRx)
Hon. Gary A. Feess
Courtroom: 740
LEGALZOOM.COM, INC’S
NOTICE OF SUBSEQUENTLY
DECIDED CASE PRECEDENT
RELEVANT TO
LEGALZOOM.COM, INC’S
MOTION FOR PARTIAL
SUMMARY JUDGMENT
Date: September 22, 2014
Time: 9:30 a.m.
Courtroom: 740

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Complaint Filed: November 20, 2012

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NOTICE OF SUBSEQUENTLY DECIDED CASE
930908

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF
RECORD:
PLEASE TAKE NOTICE that on September 2, 2014, the United States Court

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of Appeals for the Ninth Circuit, issued and certified for publication a decision in

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Levitt v. Yelp! Inc., Case No. 11-17676, __ F.3d __, 2014 WL 4290615 (“Levitt”), a

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copy of which is attached to this notice as Exhibit A.

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In Levitt, the Court considered the sufficiency of business owner plaintiffs’

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claims that Yelp, an online business directory that posts user reviews, violated

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California’s Unfair Competition Law (“UCL”) by manipulating user reviews. The

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Levitt Court opined that plaintiffs’ allegations regarding Yelp’s acts of manipulation

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were insufficient to state a claim for unlawful business practices under the UCL,

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explaining: “[Plaintiffs] have no claim that it is independently wrongful for Yelp to

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post and arrange actual user reviews on its website as it sees fit” and “it is not

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unlawful for Yelp to post and sequence the reviews.” Exhibit A at 9.

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Plaintiff LegalZoom.com, Inc. (“LegalZoom”) submits that Levitt is relevant to

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the issues briefed by the parties on LegalZoom’s pending motion for partial summary

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judgment and is worthy of this Court’s consideration.

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DATED: September 18, 2014

Respectfully submitted,
GLASER WEIL FINK
HOWARD AVCHEN & SHAPIRO LLP

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By: /s/ Fred Heather
PATRICIA L. GLASER
FRED D. HEATHER
AARON P. ALLAN
Attorneys for Plaintiff
LegalZoom.com, Inc.

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NOTICE OF SUBSEQUENTLY DECIDED CASE
930908