Levitt v. Yelp! Inc.

Filing 52

Declaration of S. ASHLIE BERINGER in Support of #51 MOTION to Dismiss FIRST AMENDED CLASS ACTION COMPLAINT AND TO STRIKE CLASS ACTION ALLEGATIONS; MEMORANDUM OF POINTS AND AUTHORITIES filed byYelp! Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Related document(s) #51 ) (Beringer, Susan) (Filed on 10/22/2010)

Levitt v. Yelp! Inc.

Doc. 52 Att. 4

Exhibit 4

Dockets.Justia.com

Pages 1 - 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE MARILYN HALL PATEL

) ) Plaintiff, ) ) VS. ) ) YELP! INC., ) ) Defendant. ) ___________________________________) ) CATS AND DOGS ANIMAL HOSPITAL, ) INC., et al., ) ) Plaintiffs, ) ) VS. ) ) YELP! INC., ) ) Defendant. ) ___________________________________)

BORIS LEVITT,

No. C 10-1321 MHP

No. C 10-2351 MHP San Francisco, California Monday July 19, 2010

TRANSCRIPT OF PROCEEDINGS APPEARANCES: For Plaintiff Levitt: BY: ONGARO BURTT 595 Market Street, Suite 610 San Francisco, California 94105 DAVID R. ONGARO, ESQUIRE AMELIA D. WINCHESTER, ESQUIRE

(Appearances continued on next page) Reported By: CSR #5812, Katherine Powell Sullivan, CSR #5812, RPR, CRR Official Reporter - U.S. District Court Katherine Powell Sullivan, CSR, RPR,CRR Official Reporter - U.S. District Court [phone]

APPEARANCES (CONTINUED): For Plaintiffs Cats and Dogs, et al.: BY: BECK & LEE 28 West Flagler Street, Suite 555 Miami, Florida 33130 ELIZABETH LEE BECK, ESQUIRE JARED H. BECK, ESQUIRE THE WESTON FIRM 2811 Sykes Court Santa Clara, California 95051 JACK FITZGERALD, ESQUIRE Cooley Godward 101 California Street, 5th Floor San Francisco, California 94111-5800 MATTHEW D. BROWN, ESQUIRE BENJAMIN H. KLEINE, ESQUIRE

BY: For Defendant: BY:

Katherine Powell Sullivan, CSR, RPR,CRR Official Reporter - U.S. District Court [phone]

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satisfied you have made a good faith effort to do it, then we will have a phone conference and get it resolved. And I want to have a phone conference with a minimum number of attorneys involved in that. along the way. And that's true all

So I think that there's no reason why a couple

of these firms, even though they may be representing different parties in different cases, at this point, can't get along also and find a way to cooperate and try to make it as efficient as possible. I almost never subscribe to the notion one of my colleagues had about putting these up for bids. was in security cases. to do. But what I would like to see, and I will get a better sense from each of you of who should be appointed -- or whether some combination of the two -- is exactly what plans you have for the efficient and economical disposition of this case; what needs to be done first, and the dates for getting things done, and getting them done expeditiously. First of all, we're going to have to have a consolidated amended complaint filed. should be a joint effort. I don't understand the reasoning for alleging California Penal Code violations as a basis for civil claims. There is no civil cause of action for extortion in the State of Katherine Powell Sullivan, CSR, RPR,CRR Official Reporter - U.S. District Court [phone] And I expect that that You know, that

But maybe, maybe that's what we ought

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California. duress.

The closest that it comes to it is fraud or

And if you are going to get into fraud causes of action, or even the intentional infliction of -- excuse me, intentional interference -- I'm sorry, that's another case -intentional interference with prospective business advantage, there's a lot that's required, including reliance and including third parties that are identifiable and that the plaintiff knows -- or the defendant, rather, knows or is aware of. So I think that that's a lot of wasted time. And if

I'm going to entertain motions to dismiss on claims that really shouldn't have been brought in the first place, there ain't no attorneys' fees there, okay. So I think that you ought to look at, very carefully, what the pleadings provide for in each of your cases and whether they even make sense. I mean, it's one thing to base a 17200 claim on unlawful conduct and then cite to the Penal Code Section -MS. LEE BECK: THE COURT: That's what --

Well, but it's not a separate cause of It

action, if you allege it as a separate cause of action. should be embodied in the 17200 claim. So I think that with an amended, you know,

consolidated complaint -- I'm giving you some hints now for what should be done, so that if we are confronted with a motion Katherine Powell Sullivan, CSR, RPR,CRR Official Reporter - U.S. District Court [phone]

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they will sign off. But I would like to see a result of that by next Monday. MR. FITZGERALD: MS. LEE BECK: THE COURT: MR. BROWN: Yes, Your Honor.

Thank you, Your Honor.

Thank you. Thank you.

(At 3:27 p.m. the proceedings were adjourned.) -

CERTIFICATE OF REPORTER I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter.

DATE:

Thursday, July 22, 2010 s/b Katherine Powell Sullivan _________________________________ Katherine Powell Sullivan, CSR #5812, RPR, CRR U.S. Court Reporter

Katherine Powell Sullivan, CSR, RPR,CRR Official Reporter - U.S. District Court [phone]