Kinderstart.Com, LLC v. Google, Inc.

Filing 27

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

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Gregory J. Yu (State Bar No. 133955) GLOBAL LAW GROUP 2015 Pioneer Court, Suite P-1 San Mateo, CA 94403 Telephone: [phone] Facsimile: [phone] 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
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