LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 28

NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff LegalZoom.com Inc. Motion set for hearing on 9/30/2013 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Separate Statement, # 2 Exhibit A - L, # 3 Proposed Order)(Heather, Fred)

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1 2 3 4 5 6 7 8 PATRICIA L. GLASER - State Bar No. 55668 pglaser@glaserweil.com FRED D. HEATHER - State Bar No. 110650 fheather@glaserweil.com MARY ANN T. NGUYEN - State Bar No. 269099 mnguyen@glaserweil.com GLASER WEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO LLP 10250 Constellation Boulevard, 19th Floor Los Angeles, California 90067 Telephone: (310) 553-3000 Facsimile: (310) 556-2920 Attorneys for Plaintiff LegalZoom.com, Inc. 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION 12 13 LEGALZOOM.COM, INC., a Delaware corporation, Plaintiff, 14 15 16 17 v. ROCKET LAWYER INCORPORATED, a Delaware corporation, Defendants. CASE NO.: CV 12-9942-GAF (AGRx) Hon. Gary A. Feess Courtroom: 740 [PROPOSED] JUDGMENT GRANTING PLAINTIFF LEGALZOOM.COM, INC.’S MOTION FOR SUMMARY JUDGMENT 18 19 20 21 22 23 24 25 26 27 28 1 [PROPOSED] JUDGMENT GRANTING LEGALZOOM’ MOTION FOR SUMMARY JUDGMENT 819775 1 Plaintiff LegalZoom.com, Inc.’s (“Plaintiff”) Motion for Summary Judgment 2 came on for hearing before this Court on September 30, 2013 at 9:30 a.m., Hon. Gary 3 A. Feess, District Judge presiding. Appearances by counsel for both parties are noted 4 for the record. 5 After considering the moving, opposition and reply briefs, all supporting 6 evidence and arguments of counsel, and all other matters presented to the Court, this 7 Court finds that: 8 9 Plaintiff has demonstrated that there are no genuine issues of material fact as to the liability element of its false advertising claim under the Lanham Act and false 10 advertising and unfair competition claims under California Business and Professions 11 Code Sections 17500 et seq. and 17200 et seq., leaving only the computation of 12 damages to be determined at trial. 13 IT IS HEREBY ORDERED THAT: 14 Plaintiff’s motion for summary judgment is GRANTED. 15 Or, in the alternative, 16 Plaintiff’s motion for summary judgment is GRANTED as to the liability 17 element of Plaintiff’s following claims: [FIRST – Lanham Act False Advertising] 18 [SECOND – California False Advertising] [THIRD – California Unfair Competition]. 19 20 21 IT IS SO ORDERED. 22 23 24 DATED: HON. GARY A. FEES United States District Judge 25 26 27 28 2 [PROPOSED] JUDGMENT GRANTING LEGALZOOM’ MOTION FOR SUMMARY JUDGMENT 819775

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