Kinderstart.Com, LLC v. Google, Inc.

Filing 27

Attachment 4
Memorandum in Opposition re 12 MOTION to Strike Defendant Google Inc.'s Notice of Motion and Special Motion to Strike Pursuant to CCP Section 425.16 filed byKinderstart.Com, LLC. (Attachments: # 1 Exhibit EX - Declaration of Victor B. Goodman# 2 Exhibit EX 2 - Declaration of Randall McCarley# 3 Exhibit EX 3 - Declaration of Glenn Canady# 4 Proposed Order Denying Defendant's CCP 425.16 Motion)(Yu, Gregory) (Filed on 6/9/2006)

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Kinderstart.Com, LLC v. Google, Inc. Doc. 27 Att. 4 Case 5:06-cv-02057-JF Document 27-5 Filed 06/09/2006 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gregory J. Yu (State Bar No. 133955) GLOBAL LAW GROUP 2015 Pioneer Court, Suite P-1 San Mateo, CA 94403 Telephone: (650) 570-4140 Facsimile: (650) 570-4142 E-mail: glgroup [at] inreach [dot] com Attorney for Plaintiffs and Proposed Class and Subclasses UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 06-2057 JF KINDERSTART.COM LLC, a California limited liability company, on behalf of itself and all others similarly situated, [PROPOSED] ORDER DENYING DEFENDANT'S SPECIAL MOTION TO Plaintiffs, STRICK PURSUANT TO CCP 425.16 v. GOOGLE, INC., a Delaware corporation, Defendant. Having considered Defendant Google's Motion to Strike Count One, Count Eight, and Count Nine of Plaintiffs' First Amended Complaint under California Code of Civil Procedure ("CCP") 425.16 et seq., any opposition, reply and all other documents on file as well as argument and evidence presented at the hearing on this motion, IT IS HEREBY ORDERED THAT Defendant's motion as to all of the aforementioned counts in the amended complaint be denied in its entirety based on the finding in fact and at law that Defendant' speech and conduct are deemed "commercial speech" under CCP 425.17, and that as a result of the denial no attorneys' fees or costs shall be awarded to Defendant. Dated: _________________, 2006 By:___________________________________ The Honorable Jeremy Fogel [PROPOSED] ORDER DENYING DEFENDANT'S SPECIAL MOTION TO STRIKE Case No. C 06-2057 JF Dockets.Justia.com

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