Kinderstart.Com, LLC v. Google, Inc.

Filing 57

Attachment 2
Memorandum in Opposition Anti-SLAPP Motion filed byKinderstart.Com, LLC. (Attachments: # 1 Exhibit Ex 1 - Decl of Randall McCarley# 2 Exhibit Ex 2 - Decl. of Victor Goodman)(Yu, Gregory) (Filed on 10/14/2006)

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Kinderstart.Com, LLC v. Google, Inc. Doc. 57 Att. 2 Case 5:06-cv-02057-JF Document 57-3 Filed 10/14/2006 Page 1 of 3 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, DECLARATION OF VICTOR B. GOODMAN IN SUPPORT OF Plaintiffs, PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE UNDER v. CCP § 425.16 GOOGLE, INC., a Delaware corporation, Defendant. I, VICTOR GOODMAN, HEREBY DECLARE AS FOLLOWS: 1. My name is Victor B. Goodman, and I am a resident of the City of Los Angeles, State of California. I submit this Declaration in support of Plaintiff's opposition to defendant's motion to strike under California Code of Civil Procedure § 425.16. This Declaration is based upon my personal knowledge and, where noted, on information and belief following a review of relevant business records or independent investigation, or both, as the case may be regarding the matters set forth below. 2. I am member and a manager of KinderStart.com LLC, a California limited liability company ("KinderStart"), which is headquartered in Norwalk, California. I have a Doctorate in Education from the University of California, Los Angeles, and have worked DECLARATION OF VICTOR B. GOODMAN IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE UNDER CCP § 425.16 -1- Case No. C 06-2057 JF Dockets.Justia.com Case 5:06-cv-02057-JF Document 57-3 Filed 10/14/2006 Page 2 of 3 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 extensively in Internet technology and as a teacher in the Los Angeles Unified Public School District. 3. In 1999, Sara Lewis and I co-founded the site www.kinderstart.com. This site is the largest, oldest and most organized indexed directory on the Internet with information for parents, caregivers and perhaps teachers of children aged seven and under. With over 1,600 categories and sub-categories in its taxonomy, it remains as the Internet's easiest and fastest way for parents to get a wealth and depth of information about subjects ranging from child development, child health issues to issues of pregnancy birth, and education and care of young children and infants. At its peak, our site has had approximately 20,000 links to other sites. 4. In or around 2001, we set up discussion forums to allow parents and caregivers to share insight and ideas on various topics about infants, children and parenting. These forums received positive feedback and gained and circulated valuable content for other visitors and participants to benefit from. No parent or other interested visitor, no third party and no employee at Google has ever warned or notified us directly at KinderStart about any posted content, comments or links that might be deemed inappropriate for our site. After I read several third-party web blogs following the filing of Plaintiffs' complaint, I learned that some unnamed contributors noted some posted links that seemed inappropriate. Once I identified some of these links, I had them removed from our site. To the best of my knowledge, these inappropriate contributions did not cause an artificial boost in the rankings or PageRank of www.kinderstart.com. 5. Even with several of this inappropriate links intentionally getting dropped into our forums, the contents behind these links cannot be searched or read by using our customized key word search bar. As of this date, when searching the word "sex" for example, 183 matches come up that relate this word to education, children, health, child abuse and other relevant topics. There is absolutely no way that a visitor or Google could view www.kinderstart.com as a site with indecent or objectionable material. DECLARATION OF VICTOR B. GOODMAN IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE UNDER CCP § 425.16 -2- Case No. C 06-2057 JF Case 5:06-cv-02057-JF Document 57-3 Filed 10/14/2006 Page 3 of 3

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