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Laura L. Ho (SBN 173179)
lho@gbdhlegal.com
James Kan (SBN 240749)
jkan@gbdhlegal.com
Katharine L. Fisher (SBN 305413)
kfisher@gbdhlegal.com
Mengfei Sun (SBN 328829)
msun@gbdhlegal.com
GOLDSTEIN, BORGEN, DARDARIAN & DAVID H. KRAMER, (SBN 168452)
HO AMIT Q. GRESSEL (SBN 307663)
155 Grand Avenue, Suite 900 JORDAN A. NELSON (SBN 327915)
Oakland, CA 94612 WILSON SONSINI GOODRICH & ROSATI
Tel: (510) 763-9800 650 Page Mill Road
Fax: (510) 835-1417 Palo Alto, CA 94304-1050
Telephone: (650) 493-9300
Julian Hammond (SBN 268489) Facsimile: (650) 565-5100
jhammond@hammondlawpc.com Email: dkramer@wsgr.com
Ari Cherniak (SBN 290071) Email: agressel@wsgr.com
acherniak@hammondlawpc.com Email: jordan.nelson@wsgr.com
Polina Brandler (SBN 269086)
pbrandler@hammondlawpc.com VICTOR JIH (SBN 186515)
HAMMONDLAW, PC WILSON SONSINI GOODRICH & ROSATI
1201 Pacific Avenue, Suite 600 633 West Fifth Street, Suite 1550
Tacoma, WA 98402-4384 Los Angeles, CA 90071-2027
Tel: (310) 601-6766 Telephone: (323) 210-2900
Fax: (310) 295-2385 Facsimile: (866) 974-7329
Email: vjih@wsgr.com
Attorneys for Plaintiff and Putative Class Attorneys for Defendant Google LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
ANGEL CHAVEZ, NICHOLAS JOEL LUSKIN, Case No. 18CV328915
SALVADOR DE LA O, individually and on behalf of all
others similarly situated, JOINT CASE MANAGEMENT
CONFERENCE STATEMENT
Plaintiff,
Date: June 22, 2023
vs. Time: 2:30 p.m.
Dept: 1
GOOGLE, LLC., a California Limited Liability Before: Honorable Sunil R. Kulkarni
Company,
Trial Date: None Set
Defendant.
OINT ASE ANAGEMENT ONFERENCE TATEMENT ASE 18CV328915
872608.6
Plaintiff Salvador De La O (“Plaintiff” or “De La O”) and Defendant Google, LLC (“Defendant”
or “Google”) (together with Plaintiff, the “Parties”) have met and conferred, and hereby submit this Joint
Case Management Conference Statement in advance of the Case Management Conference scheduled for
June 22, 2023.
Procedural History
On August 5, 2021 this Court issued an Order granting Plaintiff’s Motion for Class Certification,
certifying a class defined as “all persons in California who purchased a subscription from Google for a
Google app (e.g., Google Music), other than a subscription to Google Drive, billed through the Google
Play Store from May 30, 2014 to the present for personal, family, or household purposes, and who did
not receive a full refund from Google.”
First Decertification Motion: the “Unconditional Gift” Theory.
Google filed its first decertification motion on March 29, 2023 and the motion was fully briefed
on May 17, 2023. On June 1, 2023, the Court issued a tentative ruling denying the motion for
decertification and heard oral arguments on the motion on June 2, 2023. That same day the Court
adopted its tentative ruling denying Google’s first decertification motion.
Defendant’s Statement: Google was unaware that the Court had adopted its tentative ruling as
Google did not receive notice through the Court’s e-service platform. Google only learned about the
order in the process of preparing for this Case Management Conference. Google respectfully requests
that the Court enter a final order to allow for a clean record for any potential writ filings.
Second Decertification Motion
The parties have agreed to adjust the briefing schedule on Google’s Google is scheduled to file
its second decertification motion regarding the scope of the certified class. Defendant will fill its motion
for Decertification on July 27, 2023. Plaintiffs will file their Opposition on August 24, 2023 and Google
will file its reply on September 14, 2023. The parties suggest a hearing date of September 28, 2023, or
as soon thereafter as the Court is available. The Parties submit a joint stipulation and proposed order
reflecting this revised schedule concurrently with this CMC statement.
The Parties will be ready for class notice and trial planning after the Court rules on the second
decertification motion. The Parties have been working to resolve questions and issues about the class
OINT ASE ANAGEMENT ONFERENCE TATEMENT ASE 18CV328915
list data produced by Google so that class notice can go out as soon as the Court rules on Google’s
second decertification motion. The parties suggest a further case management conference on
October 19, 2023.
Dated: June 16, 2023 Respectfully submitted,
GOLDSTEIN, BORGEN, DARDARIAN & HO
By: /s/ Laura L. Ho
Laura L. Ho
Attorneys for Plaintiff and Putative Class
Dated: June 16, 2023 WILSON, SONSINI, GOODRICH & ROSATI, P.C.
By: /s/ Amit Q. Gressel.
Amit Q. Gressel
Attorneys for Defendant Google LLC
OINT ASE ANAGEMENT ONFERENCE TATEMENT ASE 18CV328915
PROOF OF SERVICE
Uzair, et al. v. Google LLC
Santa Clara Superior Court Case No. 18CV328915
I, Regina C. Glynn, declare:
I am employed in San Francisco County, State of California. I am over the age of 18 years and
not a party to the within action. My business address is Wilson Sonsini Goodrich & Rosati, PC,
1 Market Plaza, Spear Tower, Suite 3300, San Francisco, California 94105. My electronic mail (email)
address is: rglynn@wsgr.com.
On this date, I served:
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
By serving the document by electronic transmission to the following parties at the Internet
addresses listed below:
Laura L. Ho Julian Hammond
James Kan Ari Cherniak
Katharine L. Fisher Polina Brandler
GOLDSTEIN, BORGEN, DARDARIAN & HO HAMMONDLAW, P.C.
155 Grand Avenue, Suite 900 1201 Pacific Avenue, Suite 600
Oakland, CA 94612 Tacoma, WA 98402-4384
TEL: 510-763-9800 TEL: 310-601-6766
FAX: 510-835-1417 FAX: 310-295-2385
Email: lho@gbdhlegal.com; Email: jhammond@hammondlawpc.com;
jkan@gbdhlegal.com; acherniak@hammondlawpc.com;
kfisher@gbdhlegal.com pbrandler@hammondlawpc.com
Attorneys for Plaintiff Attorneys for Plaintiff
ABDULLAH UZAIR ABDULLAH UZAIR
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed at Alameda, California on June 16, 2023.
OINT ASE ANAGEMENT ONFERENCE TATEMENT ASE 18CV328915
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Laura L. Ho (SBN 173179) lho@gbdhlegal.com James Kan (SBN 240749) jkan@gbdhlegal.com Katharine L. Fisher (SBN 305413) kfisher@gbdhlegal.com Mengfei Sun (SBN 328829) msun@gbdhlegal.com GOLDSTEIN, BORGEN, DARDARIAN & DAVID H. KRAMER, (SBN 168452) HO AMIT Q. GRESSEL (SBN 307663) 155 Grand Avenue, Suite 900 JORDAN A. NELSON (SBN 327915) Oakland, CA 94612 WILSON SONSINI GOODRICH & ROSATI Tel: (510) 763-9800 650 Page Mill Road Fax: (510) 835-1417 Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Julian Hammond (SBN 268489) Facsimile: (650) 565-5100 jhammond@hammondlawpc.com Email: dkramer@wsgr.com Ari Cherniak (SBN 290071) Email: agressel@wsgr.com acherniak@hammondlawpc.com Email: jordan.nelson@wsgr.com Polina Brandler (SBN 269086) pbrandler@hammondlawpc.com VICTOR JIH (SBN 186515) HAMMONDLAW, PC WILSON SONSINI GOODRICH & ROSATI 1201 Pacific Avenue, Suite 600 633 West Fifth Street, Suite 1550 Tacoma, WA 98402-4384 Los Angeles, CA 90071-2027 Tel: (310) 601-6766 Telephone: (323) 210-2900 Fax: (310) 295-2385 Facsimile: (866) 974-7329 Email: vjih@wsgr.com Attorneys for Plaintiff and Putative Class Attorneys for Defendant Google LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ANGEL CHAVEZ, NICHOLAS JOEL LUSKIN, Case No. 18CV328915 SALVADOR DE LA O, individually and on behalf of all others similarly situated, JOINT CASE MANAGEMENT CONFERENCE STATEMENT Plaintiff, Date: June 22, 2023 vs. Time: 2:30 p.m. Dept: 1 GOOGLE, LLC., a California Limited Liability Before: Honorable Sunil R. Kulkarni Company, Trial Date: None Set Defendant. OINT ASE ANAGEMENT ONFERENCE TATEMENT ASE 18CV328915 872608.6 Plaintiff Salvador De La O (“Plaintiff” or “De La O”) and Defendant Google, LLC (“Defendant” or “Google”) (together with Plaintiff, the “Parties”) have met and conferred, and hereby submit this Joint Case Management Conference Statement in advance of the Case Management Conference scheduled for June 22, 2023. Procedural History On August 5, 2021 this Court issued an Order granting Plaintiff’s Motion for Class Certification, certifying a class defined as “all persons in California who purchased a subscription from Google for a Google app (e.g., Google Music), other than a subscription to Google Drive, billed through the Google Play Store from May 30, 2014 to the present for personal, family, or household purposes, and who did not receive a full refund from Google.” First Decertification Motion: the “Unconditional Gift” Theory. Google filed its first decertification motion on March 29, 2023 and the motion was fully briefed on May 17, 2023. On June 1, 2023, the Court issued a tentative ruling denying the motion for decertification and heard oral arguments on the motion on June 2, 2023. That same day the Court adopted its tentative ruling denying Google’s first decertification motion. Defendant’s Statement: Google was unaware that the Court had adopted its tentative ruling as Google did not receive notice through the Court’s e-service platform. Google only learned about the order in the process of preparing for this Case Management Conference. Google respectfully requests that the Court enter a final order to allow for a clean record for any potential writ filings. Second Decertification Motion The parties have agreed to adjust the briefing schedule on Google’s Google is scheduled to file its second decertification motion regarding the scope of the certified class. Defendant will fill its motion for Decertification on July 27, 2023. Plaintiffs will file their Opposition on August 24, 2023 and Google will file its reply on September 14, 2023. The parties suggest a hearing date of September 28, 2023, or as soon thereafter as the Court is available. The Parties submit a joint stipulation and proposed order reflecting this revised schedule concurrently with this CMC statement. The Parties will be ready for class notice and trial planning after the Court rules on the second decertification motion. The Parties have been working to resolve questions and issues about the class OINT ASE ANAGEMENT ONFERENCE TATEMENT ASE 18CV328915 list data produced by Google so that class notice can go out as soon as the Court rules on Google’s second decertification motion. The parties suggest a further case management conference on October 19, 2023. Dated: June 16, 2023 Respectfully submitted, GOLDSTEIN, BORGEN, DARDARIAN & HO By: /s/ Laura L. Ho Laura L. Ho Attorneys for Plaintiff and Putative Class Dated: June 16, 2023 WILSON, SONSINI, GOODRICH & ROSATI, P.C. By: /s/ Amit Q. Gressel. Amit Q. Gressel Attorneys for Defendant Google LLC OINT ASE ANAGEMENT ONFERENCE TATEMENT ASE 18CV328915 PROOF OF SERVICE Uzair, et al. v. Google LLC Santa Clara Superior Court Case No. 18CV328915 I, Regina C. Glynn, declare: I am employed in San Francisco County, State of California. I am over the age of 18 years and not a party to the within action. My business address is Wilson Sonsini Goodrich & Rosati, PC, 1 Market Plaza, Spear Tower, Suite 3300, San Francisco, California 94105. My electronic mail (email) address is: rglynn@wsgr.com. On this date, I served: JOINT CASE MANAGEMENT CONFERENCE STATEMENT By serving the document by electronic transmission to the following parties at the Internet addresses listed below: Laura L. Ho Julian Hammond James Kan Ari Cherniak Katharine L. Fisher Polina Brandler GOLDSTEIN, BORGEN, DARDARIAN & HO HAMMONDLAW, P.C. 155 Grand Avenue, Suite 900 1201 Pacific Avenue, Suite 600 Oakland, CA 94612 Tacoma, WA 98402-4384 TEL: 510-763-9800 TEL: 310-601-6766 FAX: 510-835-1417 FAX: 310-295-2385 Email: lho@gbdhlegal.com; Email: jhammond@hammondlawpc.com; jkan@gbdhlegal.com; acherniak@hammondlawpc.com; kfisher@gbdhlegal.com pbrandler@hammondlawpc.com Attorneys for Plaintiff Attorneys for Plaintiff ABDULLAH UZAIR ABDULLAH UZAIR I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Alameda, California on June 16, 2023. OINT ASE ANAGEMENT ONFERENCE TATEMENT ASE 18CV328915