Cats and Dogs Animal Hospital, Inc. v. Yelp! Inc.

Filing 23

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Yelp! Inc.. Motion set for hearing on 5/3/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Memorandum Defendant's Memorandum of Law ISO Motion to Dismiss Plaintiffs' First Amended Complaint, # 2 Proposed Order [Proposed] Order)(Brown, Matthew)

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) ([e-mail]) MATTHEW D. BROWN (196972) ([e-mail]) BENJAMIN H. KLEINE (257225) ([e-mail]) 101 California Street 5th Floor San Francisco, CA 94111-5800 Telephone: [phone] Facsimile: [phone] COOLEY GODWARD KRONISH LLP SARAH R. BOOT (253658) ([e-mail]) 4401 Eastgate Mall San Diego, CA 92121-1909 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant YELP! INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CATS AND DOGS ANIMAL HOSPITAL, INC., et al., on behalf of itself and all others similarly situated, Plaintiffs, v. YELP! INC., Defendant. Case No. CV 10-01340 VBF(SSx) [PROPOSED] ORDER GRANTING DEFENDANT YELP! INC.'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT Judge: Hon. Valerie Baker Fairbank Hearing Date: May 3, 2010 Hearing Time: 1:30 p.m.

1.

[PROPOSED] ORDER GRANTING YELP'S MOT. TO DISMISS FIRST AM. COMPL. CASE NO. CV 10-01340 VBF (SSX)

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

This motion of Defendant Yelp! Inc. ("Yelp") to dismiss Plaintiffs' First Amended Complaint was heard on May 3, 2010 at 1:30 p.m. in this Court. Counsel for Yelp and for Plaintiffs were in attendance and presented oral arguments. Having considered the parties' papers filed in support of and in opposition to the motion, oral argument, and all other pleadings and papers on file herein, the Court finds as follows: 1. With respect to the first claim for relief for violation of California Penal Code sections 518 and 519 (Extortion), Plaintiffs fail to state a claim upon which relief may be granted and fail to plead with the particularity required by Federal Rule of Civil Procedure 9(b). 2. With respect to the second claim for relief for violation of California Penal Code section 524 (Attempted Extortion), Plaintiffs fail to state a claim upon which relief may be granted and fail to plead with the particularity required by Federal Rule of Civil Procedure 9(b). 3. With respect to the third claim for relief for Intentional Interference with Prospective Economic Advantage, Plaintiffs fail to state a claim upon which relief may be granted and fail to plead with the particularity required by Federal Rule of Civil Procedure 9(b). 4. With respect to the fourth claim for relief for violation of the Unfair Competition Law, California Business and Professions Code section 17200, Plaintiffs fail to state a claim upon which relief may be granted and fail to plead with the particularity required by Federal Rule of Civil Procedure 9(b). Accordingly, IT IS HEREBY ORDERED THAT: 1. Yelp's Motion to Dismiss Plaintiffs' First Amended Complaint is GRANTED; and

2.

[PROPOSED] ORDER GRANTING YELP'S MOT. TO DISMISS FIRST AM. COMPL. CASE NO. CV 10-01340 VBF (SSX)

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

2.

All claims for relief as to Yelp are hereby DISMISSED with prejudice

without leave to amend. IT IS SO ORDERED.

Dated:

_______________________________ Honorable Valerie Baker Fairbank United States District Judge

3.

[PROPOSED] ORDER GRANTING YELP'S MOT. TO DISMISS FIRST AM. COMPL. CASE NO. CV 10-01340 VBF (SSX)