What is the law applying to social media?

Useful Resources for Social Media

Recent Rulings on Social Media

JORGE ROBLES, ET AL. VS MARIBEL HINOJOSA

Defendant contends that the allegation is incorporated into every cause of action in the Complaint and Plaintiffs candidly admit that their causes of action arise from Defendant’s “factual statements to third parties through written communications, including electronic mail, social media and through official complaints with government bodies . . .” (Complaint ¶ 21-22, 28, 38.)

  • Hearing

    Oct 15, 2020

WOO VS ISODIOL INTERNATIONAL INC

This action arises out of a series of agreements whereby plaintiff Woo, through his marketing companies, performed "tradeshow, marketing, and social media management services" for the Isodial defendants. Plaintiffs allege they managed logistics for tradeshows "such as accommodation, packing, exhibit booths, coordinating with marketing teams, managing sponsorships, creation of marketing materials, development of staff training schedules, staffing booths," and also created "day-to-day social media content."

  • Hearing

    Oct 15, 2020

  • Type

    Contract

  • Sub Type

    Breach

ZAPRI OUTLAW VS ELLIOT AMOAKOH ET AL

Plaintiff has not contradicted that showing with Amoakoh’s statements on social media or discovery responses. That an individual may serve as a personal trainer on certain occasions does not turn him or her into an agent authorized to accept service, much less a “person in charge” of a particular address that is purported to be a retail store. Accordingly, Kamani’s Motion to set aside the entry of default and quash service of summons is GRANTED. Moving party to give notice.

  • Hearing

    Oct 13, 2020

CHANGJIANG LIU, ET AL. VS XUEQI JIANG, ET AL.

In addition, plaintiffs present a social media page purportedly written by Jiang in which Jiang purportedly indicated she owns One Zo Boba. (Ex. B to Opposition.) There is no declaration authenticating the social media page. (Evid. Code §§ 1400, 1401.) Further, the social media page is written in a foreign language. Cal. Rule of Court 3.1110(g) states: “Exhibits written in a foreign language must be accompanied by an English translation, certified under oath by a qualified interpreter.”

  • Hearing

    Oct 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LIZA KATHRYN WOMACK VS FIRST ACCESS ENTERTAINMENT, LLC, ET AL.

Ahr had posted the video of himself taking Xanax to social media, the defendants called the venue promoter and advised that the show would in fact go forward as planned. (SAC, ¶ 39.) The defendants instructed Mr. Ahr to post a video on social media informing fans that he was fine and would be performing that night as scheduled. (SAC, ¶ 39.) Plaintiff alleges that Mr. Ahr’s death was the result of the “combined, cumulative effect of fentanyl and the [Xanax]” provided to him by the defendants.

  • Hearing

    Oct 02, 2020

JOY SLAGEL VS LIBERTY MUTUAL INSURANCE COMPANY ET AL

During the meeting, Disney followed up with Plaintiff about its request for a Social Media Report back in August 2015. (SSF No. 23.) · Despite having never placed a request for the Social Media Report, Plaintiff told Disney that the Social Media Report had been previously ordered, but had come back “negative.” Plaintiff also told Disney that she was not able to locate the Social Media Report at that time, but that she would request another copy. (SSF Nos. 24-25.

  • Hearing

    Sep 29, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

SCHEIN VS SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER

Shein has not responded to telephone calls, email or social media messages. Both I and my former assistant, Kimber Tabak, have tried to reach Ms. Schein several times. We have received no response." This is a valid reason for withdrawal; a client cannot expect a lawyer to represent him/her without remaining in contact with that attorney. The unopposed motion is granted. Counsel has filed the motion using the appropriate Judicial Council forms.

  • Hearing

    Sep 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ZHOIE PEREZ, AN INDIVIDUAL VS EDDUIN ZELAYA GRUNFELD, AN INDIVIDUAL, ET AL.

media (Id. at ¶¶ 39-40); and (4) at all relevant times, Grunfeld was employed as an armed security guard by SPS to identify threats and was acting in the scope of his employment.

  • Hearing

    Sep 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

TIMED OUT LLC VS PRISMA ENTERTAINMENT LLC

Timed Out disclosed that it and Prisma had resolved the claims of two models, whose claims had apparently accrued after Chippewa no longer managed Prisma’s social media account, and that Prisma was immediately dismissing its cross-complaint against Chippewa. (Vallejo Decl. ¶ 5, Exh. A.) The course of the trial that occurred thereafter is a disputed matter, but a verdict was entered in Timed Out’s favor in the amount of $50,000 on January 24, 2020. Judgment on the verdict was entered on February 21, 2020.

  • Hearing

    Sep 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JAMES THEODORE BURGHARDT JR VS BRIGITTE YVON

Whether Defendant took 10 days before posting on social media or took the approximately one-and-a-half years between the time of the incident and the time the present motion was filed before posting on social media, the timing is not the critical factor – the certainty of the truth is. Of course, Plaintiff need not be certain before posting on social media; rather, Plaintiff only needs to have "use[d] reasonable care to determine the truth or falsity of the statement(s)." (CACI No. 1704.)

  • Hearing

    Sep 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

EUGENE HASSON VS CHABRE THADNISHA ROBERTSON, ET AL.

To include the entire file on insurance claim 0484405733 for a loss that occurred on 12/05/17; including but not limited to any x-rays, MRls, CT scans, medical records, medical reports, photographs of damage to vehicle, photographic evidence (photos, videos) of plaintiff; all investigation, subrosa films, social media search; property damage estimates and/or repairs; all pleadings and case related to this case including, demands, discovery responses, complaints, answers, depositions, statements, police reports

  • Hearing

    Sep 24, 2020

CHUNG & ASSOCIATES LLC ET AL VS XAVIER RUFFIN ET AL

Plaintiff’s objections Plaintiff objects to the Declaration of Jane Lee (Plaintiff’s former Social Media Sr. Account Manager), Kurt Graver (Netflix’s employee), Theresa Moctezuma (Plaintiff’s former employee), Mickey Ferri, PhD (financial expert, who provided opinion inter alia on damages calculation), Tommy Gomez (entertainment expert), Xavier Ruffin, and Ricardo Mendoza. Plaintiff’s objections are not numbered in violation of the California Rules of Court. See Cal.

  • Hearing

    Sep 21, 2020

DYLAN RIEDER FOUNDATION, INC. VS. TRADE GOTHIC, LLC

In terms of using the same domain name and social media accounts, that was allowed pursuant to ¶20 of the Licensing Agreement (Murray Decl., Ex. 7). All in all, WY Partners is not a successor company of TG. Rather, WY Partners acquired just a slice of TG’s business, i.e., rights to the “What Youth” name. Although there is some overlap, it does not appear to have been formed as shell or conduit for the other. Additionally, there is no evidence of disregard of corporate formalities.

  • Hearing

    Sep 14, 2020

BRENDA BACA VS CITY OF LOS ANGELES

Further, Plaintiff includes examples of the conduct of harassment by Eddie Coronado, a Police Officer III and field training officer, by including an example of a message sent through text messages and other social media platforms. (Id. at ¶¶ 12, 13.)

  • Hearing

    Aug 25, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

WELLS VS YENG

SROGs 12 and 32 are addressed to the Yengs and seek information regarding the use and management Skrewball's social media presence. Defendant shall provide complete responses to each interrogatory. The questions do not require a detailed listing of roles of individual listed in response, that is provided by the call of the question. SROG 32 and 35. Defendant shall provide complete responses. The supplemental responses limit the information to the person most knowledgeable.

  • Hearing

    Aug 25, 2020

  • Type

    Contract

  • Sub Type

    Breach

TIMED OUT LLC VS TROPICAL ENTERTAINMENT INC

Plaintiff alleges that Defendant operates a night club as well as a website at www.lamirageent.com and that Defendant stole various images from the Models to advertise their business online and on various social media platforms. Defendant allegedly began misappropriating the Models images in 2016, and such misappropriation continued through at least April 26, 2018. (See Complaint, ¶¶ 27-33.) Further, Defendant allegedly never contacted the models prior to using their various images to request permission.

  • Hearing

    Aug 20, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

THE COMMON SENSE PARTY VS. ALEX PADILLA IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF CALIFORNIA

Political parties can also use traditional and social media to communicate with voters, and to ask voters to register and instmct them how to do so. CSP could thus have launched a social media campaign attempting to drive traffic to its website, which, as just noted, could include a link to the Secretary of State's voter-registration page.

  • Hearing

    Aug 19, 2020

THE COMMON SENSE PARTY VS. ALEX PADILLA IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF CALIFORNIA

Political parties can also use traditional and social media to communicate with voters, and to ask voters to register and instruct them how to do so. CSP could thus have launched a social media campaign attempting to drive traffic to its website, which, as just noted, could include a link to the Secretary of State’s voter-registration page.

  • Hearing

    Aug 19, 2020

SCHEIN VS SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER

Shein has not responded to telephone calls, email or social media messages. Both I and my former assistant, Kimber Tabak, have tried to reach Ms. Schein several times. We have received no response." This is a valid reason for withdrawal; a client cannot expect a lawyer to represent him/her without remaining in contact with that attorney. Nevertheless, the motion is denied for several reasons. First, counsel failed to use Judicial Council Forms MC-052 and 053. These are mandatory forms. See Cal.

  • Hearing

    Aug 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

SCHEIN VS SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER

Shein has not responded to telephone calls, email or social media messages. Both I and my former assistant, Kimber Tabak, have tried to reach Ms. Schein several times. We have received no response." This is a valid reason for withdrawal; a client cannot expect a lawyer to represent him/her without remaining in contact with that attorney. Nevertheless, the motion is denied for several reasons. First, counsel failed to use Judicial Council Forms MC-052 and 053. These are mandatory forms. See Cal.

  • Hearing

    Aug 10, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ANGELA WHITE VS ROBERT KARDASHIAN ET AL

RESPONDING PARTY(S): (1)-(2) Plaintiff Angela White (combined opposition); (3) Plaintiff Angela White STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendant Robert Kardashian committed assault and battery against Plaintiff and has publicly slut-shamed and published defamatory statements about Plaintiff on social media.

  • Hearing

    Jul 30, 2020

DANIEL MEYEROV VS MARK FRIEDMAN ET AL

Plaintiff contends that they are friends, avid cyclists in the same cycling group, and appear in social media photos together. (Ibid.) But Bakst explains that they are members of a cycling club that has approximately 500 members, met a few years ago, and have ridden together with a group on a few occasions. (Opposition at p. 10; Bakst Decl. ¶ 15.)

  • Hearing

    Jul 30, 2020

DFCU BANK LIMITED VS JOHN DOES

The complaint alleges, in part, that: (1) since 2018 through the present, Plaintiff has been attacked by more than 12,000 tweets from over 150 Twitter accounts (Complaint at ¶ 8); (2) through the use of social media monitoring, it has been determined that 19 Twitter accounts in particular engage in a repeated and structured pattern of activity on Twitter, and it appears that the Twitter accounts are controlled by a small number of individuals with a common source of instruction and common source of content (

  • Hearing

    Jul 29, 2020

EVER BROWN VS LOAI KHOUJA, ET AL.

It is the attorney’s choice to look at social media postings and pick out certain things that may be used in support of Defendant’s claims or theories. Further, the requested discovery concerns Plaintiff’s own social media content, which Plaintiff created and has access to. Thus, Plaintiff presumably has access to her own social media content and fails to show she will be unfairly prejudiced if the evidence is not produced. Plaintiff’s motion to compel further responses to RPD No. 42 is denied.

  • Hearing

    Jul 28, 2020

ANNE SHOYKHET, ET AL. VS NATHALIE DUBOIS, ET AL.

Here, Plaintiffs allege that Plaintiff Gabrielle Shoykhet entered into an agreement, oral and written, on behalf of Plaintiff Cavi Pur LLC, with Defendants for access to a gifting suite at the Cannes Film Festival and the ESPY Awards, but Defendants failed to perform all obligations under the agreement when they failed to provide celebrity access, photographers, social media and press coverage, along with access to a suite at the ESPY Awards. (Compl. ¶¶ 37-47.)

  • Hearing

    Jul 26, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

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