Preview
18C0V328915
Santa Clara — Civil
System System
Laura L. Ho (SBN 173179)
lho@gbdhlegal.com
David H. Kr:
dkramer@w:
El
se FSBO are iled
rt of CA,
PQ ieoery
James Kan (SBN 240749) WILSON SO! ra,
jkan@gbdhlegal.com ROSATI, M
Katharine L. Fisher (SBN 305413) 650 Page MilRevidwed By: System System
kfisher@gbdhlegal.com Palo Alto, CAC@SéGM 8CV328915
GOLDSTEIN, BORGEN, DARDARIAN & Tel: (650) 493rRAN®pe: 4769240
HO Fax: (650) 493-6811
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: (510) 763-9800
Fax: (510) 835-1417
Julian Hammond (SBN 268489) Shelby Pasarell Tsai (SBN 220408)
jhammond@hammondlawpc.com stsai@wsgr.com
‘Ari Cherniak (SBN 290071) WILSON SONSINI GOODRICH &
acherniak@hammondlawpce.com ROSATI, P.C.
Polina Brandler (SBN 269086) One Market Plaza, Spear Tower, Ste. 3300
10 pbrandler@hammondlawpc.com San Francisco, CA 94105
HAMMONDLAW, PC Tel: (415) 947-2111
11 1829 Reisterstown Road, Suite 410 Fax: (415) 947-2099
Baltimore, MD 21208
12 Tel: (310) 601-6766
Fax: (310) 295-2385
13
Attorneys for Plaintiffs and Putative Class Attornevs for Defendant Google LLC
14
15 SUPERIOR COURT OF THE STATE OF CALIFORNIA
16 FOR THE COUNTY OF SANTA CLARA
17
18 ABDULLAH UZAIR, ANGEL CHAVEZ, Case No. 1-18-CV-328915
NICHOLAS JOEL LUSKIN, and SALVADOR DE
19 LA O, individually and on behalf of all others FURTHER JOINT CASE MANAGEMENT
similarly situated, CONFERENCE STATEMENT
20
21 Plaintiffs, Date: August 21, 2020
Time: 10:00 a.m.
22 vs. Dept: 1
Before: Hon. Brian C. Walsh
23 GOOGLE, LLC., a California Limited Liability
Company, Trial Date: None Set
24
25 Defendant.
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27
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FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915
788754.2
Plaintiffs Abdullah Uzair, Angel Chavez, Nicholas Joel Luskin, and Salvador De La O and
Defendant Google, LLC have met and conferred and submit this Further Joint Case Management
Conference Statement in advance of the Case Management Conference scheduled for August 21, 2020.
This statement updates the Parties’ previous Joint Case Management Conference statements, filed on
November 30, 2018, June 10, 2019, September 6, 2019, and February 7, 2020.
1 Procedural History
Plaintiff Uzair filed his initial complaint on behalf of himself and a putative class of California
consumers on May 30, 2018. Plaintiffs Angel Chavez, Nicholas Joel Luskin, and Salvador De La O
were added to the First Amended Complaint on May 20, 2020, and Defendant filed its Answer on May
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22, 2020. Plaintiffs are California consumers who allege they have been harmed because Defendant
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failed to comply with California’s Automatic Renewal Law (the “ARL”), Business and Professions
12
Code sections 17600, et seq. in its offerings through its Google Play Store.
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14 Plaintiffs allege that Defendant’s violation of the ARL’s disclosure and consent requirements
15 meant the subscriptions should have been “unconditional gift[s],” yet Google unlawfully charged and
16 continues to charge Plaintiffs for their Google Play subscriptions. Plaintiffs challenge Defendant’s
17 violations of the ARL under the Unfair Competition Law (“UCL”), Business and Professions Code
18 sections 17200, et seg.; the Consumer Legal Remedies Act (“CLRA”), Civil Code sections 1761, et
19 seq.; and the common count of money had and received. The Class Period alleged begins May 30,
20 2014 and continues through trial.
21 Google denies each and every allegation of wrongdoing set forth in Plaintiff's Complaint and,
22 on August 13, 2018, demurred to all causes of action. In its Order After Hearing on February 1, 2019,
23 the Court sustained Defendant’s demurrer as to the First Cause of Action (the ARL) and otherwise
24 overruled Defendant’s demurrer. Defendant filed a petition for writ of mandate in the Court of Appeal
25 for the Sixth Appellate District on March 5, 2019, which was denied on September 25, 2019.
26 2. Mediation Status
27 The parties met with Judge Read Ambler (Ret.) for less than three hours on February 5, 2020,
28 and did not settle the case. No further settlement attempts are contemplated prior to depositions
1
FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915
788754.2
commencing.
3 Discovery
Plaintiff Uzair served his first set of Form Interrogatories, Special Interrogatories, and Requests
for Production of Documents on Defendant, which Defendant responded to on April 12, 2019. The
parties have met and conferred repeatedly on Defendant’s responses and production, and agreed in late
2019 to focus on mediation related discovery for the February 2020 mediation. Since the mediation
was not successful, formal discovery has continued.
Defendant served its first set of Form Interrogatories, Special Interrogatories, Requests for
Production of Documents, and Requests for Admission on Plaintiff Uzair, to which Plaintiff provided
10 his responses and objections on August 27, 2019 and served document productions on September 23,
11 October 10, and November 15, 2019. Pursuant to the Parties’ meet and confer regarding Defendant’s
12 requests, Plaintiff Uzair served amended responses to Defendant’s Special and Form Interrogatories
13 and an additional document production on January 10, 2020.
14 The Parties agreed to complete depositions needed for Plaintiffs’ motion for class certification
15 and Defendant’s motion for summary judgment as to the individual Plaintiffs by December 15, 2020,
16 without prejudice to Plaintiffs’ ability to conduct additional discovery after Defendant files its motions
17 for summary judgment and without prejudice to both Parties’ ability to conduct additional discovery
18 subsequent to a class certification determination. The parties had agreed to postpone depositions until
19 approximately September 2020, with the goal of conducting depositions in person after the restrictions
20 related to the COVID-19 pandemic were eased. The parties continue to expect that depositions may
21 commence as early as September 2020 with modifications to the format in light of the ongoing
22 restrictions.
23 4, Case Schedule
24 By order on June 3, 2020, the Court granted the Parties’ stipulation and set the following
25 schedule for Plaintiffs’ Motion for Class Certification and Defendant’s Motion for Summary Judgment
26 on the individual Plaintiffs:
27 Event Deadline
Last day to file summary judgment motion on Feb. 5, 2021
28 individual plaintiffs
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FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915
788754.2
Last day to file class certification motion Feb. 26, 2021
Last day to file opposition to summary judgment March 19, 2021
motion on individual plaintiffs
Last day to file opposition to class certification March 26, 2021
motion
Last day to file reply in support of summary April 9, 2021
judgment motion on individual plaintiffs
Last day to file reply in support of class certification April 9, 2021
motion
Hearing on motion for summary judgment and April 23, 2021
motion for class certification
The parties request another case management conference in January 2021 so the parties can
address any outstanding issues requiring the Court’s assistance prior to Defendant’s filing of its motion
10 for summary judgment on February 5, 2021.
11
12 Dated: August 14, 2020 Respectfully submitted,
13 GOLDSTEIN, BORGEN, DARDARIAN & HO
14
Katharina ~idher
15 Katharine Fisher
16 Attorneys for Plaintiffs and Putative Class
1
Dated: August 14, 2020 WILSON, SONSINI, GOODRICH & ROSATI, P.C.
18
19 /s/ Amit Gressel
Amit Gressel
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Attorneys for Defendant Google LLC
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FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915
788754.2
PROOF OF SERVICE
Case: Abdullah Uzair v. Google, LLC
Case No. 18CV328915
STATE OF CALIFORNIA )
SS
COUNTY OF SANTA CLARA )
Lhave an office in the county aforesaid. I am over the age of eighteen years and not a party to
the within entitled action. My business address is 300 Lakeside Drive, Suite 1000, Oakland, California
94612.
I declare that on the date hereof I served a copy of
FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT
10
SEE SERVICE LIST BELOW
11
x By Electronic Service: By serving the document by electronic transmission via OneLegal
12 system, the electronic filing service provider of the Superior Court of Santa Clara County, to
parties on the service list below.
13
14 (State) I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
15
Executed at Oakland, California on August 14, 2020.
16
17
18 Damon Valdez
eo
Printed Name Signature
19
SERVICE LIST
20
21 Shelby Pasarell Tsai David H. Kramer
stsai@wsgr.com dkramer@wsgr.com
22 Amit Q. Gressel WILSON SONSINI GOODRICH &
agressel@wsgr.com ROSATI, P.C.
23 WILSON SONSINI GOODRICH & 650 Page Mill Road
24 ROSATI, P.C. Palo Alto, CA 94304-1050
One Market Plaza
25 Spear Tower, Suite 3300
San Francisco, CA 94105
26
27
28
1
PROOF OF SERVICE - CASE NO.: 17-CV-319862
788753.2
Preview
18C0V328915 Santa Clara — Civil System System Laura L. Ho (SBN 173179) lho@gbdhlegal.com David H. Kr: dkramer@w: El se FSBO are iled rt of CA, PQ ieoery James Kan (SBN 240749) WILSON SO! ra, jkan@gbdhlegal.com ROSATI, M Katharine L. Fisher (SBN 305413) 650 Page MilRevidwed By: System System kfisher@gbdhlegal.com Palo Alto, CAC@SéGM 8CV328915 GOLDSTEIN, BORGEN, DARDARIAN & Tel: (650) 493rRAN®pe: 4769240 HO Fax: (650) 493-6811 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 Tel: (510) 763-9800 Fax: (510) 835-1417 Julian Hammond (SBN 268489) Shelby Pasarell Tsai (SBN 220408) jhammond@hammondlawpc.com stsai@wsgr.com ‘Ari Cherniak (SBN 290071) WILSON SONSINI GOODRICH & acherniak@hammondlawpce.com ROSATI, P.C. Polina Brandler (SBN 269086) One Market Plaza, Spear Tower, Ste. 3300 10 pbrandler@hammondlawpc.com San Francisco, CA 94105 HAMMONDLAW, PC Tel: (415) 947-2111 11 1829 Reisterstown Road, Suite 410 Fax: (415) 947-2099 Baltimore, MD 21208 12 Tel: (310) 601-6766 Fax: (310) 295-2385 13 Attorneys for Plaintiffs and Putative Class Attornevs for Defendant Google LLC 14 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 FOR THE COUNTY OF SANTA CLARA 17 18 ABDULLAH UZAIR, ANGEL CHAVEZ, Case No. 1-18-CV-328915 NICHOLAS JOEL LUSKIN, and SALVADOR DE 19 LA O, individually and on behalf of all others FURTHER JOINT CASE MANAGEMENT similarly situated, CONFERENCE STATEMENT 20 21 Plaintiffs, Date: August 21, 2020 Time: 10:00 a.m. 22 vs. Dept: 1 Before: Hon. Brian C. Walsh 23 GOOGLE, LLC., a California Limited Liability Company, Trial Date: None Set 24 25 Defendant. 26 27 28 FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915 788754.2 Plaintiffs Abdullah Uzair, Angel Chavez, Nicholas Joel Luskin, and Salvador De La O and Defendant Google, LLC have met and conferred and submit this Further Joint Case Management Conference Statement in advance of the Case Management Conference scheduled for August 21, 2020. This statement updates the Parties’ previous Joint Case Management Conference statements, filed on November 30, 2018, June 10, 2019, September 6, 2019, and February 7, 2020. 1 Procedural History Plaintiff Uzair filed his initial complaint on behalf of himself and a putative class of California consumers on May 30, 2018. Plaintiffs Angel Chavez, Nicholas Joel Luskin, and Salvador De La O were added to the First Amended Complaint on May 20, 2020, and Defendant filed its Answer on May 10 22, 2020. Plaintiffs are California consumers who allege they have been harmed because Defendant 11 failed to comply with California’s Automatic Renewal Law (the “ARL”), Business and Professions 12 Code sections 17600, et seq. in its offerings through its Google Play Store. 13 14 Plaintiffs allege that Defendant’s violation of the ARL’s disclosure and consent requirements 15 meant the subscriptions should have been “unconditional gift[s],” yet Google unlawfully charged and 16 continues to charge Plaintiffs for their Google Play subscriptions. Plaintiffs challenge Defendant’s 17 violations of the ARL under the Unfair Competition Law (“UCL”), Business and Professions Code 18 sections 17200, et seg.; the Consumer Legal Remedies Act (“CLRA”), Civil Code sections 1761, et 19 seq.; and the common count of money had and received. The Class Period alleged begins May 30, 20 2014 and continues through trial. 21 Google denies each and every allegation of wrongdoing set forth in Plaintiff's Complaint and, 22 on August 13, 2018, demurred to all causes of action. In its Order After Hearing on February 1, 2019, 23 the Court sustained Defendant’s demurrer as to the First Cause of Action (the ARL) and otherwise 24 overruled Defendant’s demurrer. Defendant filed a petition for writ of mandate in the Court of Appeal 25 for the Sixth Appellate District on March 5, 2019, which was denied on September 25, 2019. 26 2. Mediation Status 27 The parties met with Judge Read Ambler (Ret.) for less than three hours on February 5, 2020, 28 and did not settle the case. No further settlement attempts are contemplated prior to depositions 1 FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915 788754.2 commencing. 3 Discovery Plaintiff Uzair served his first set of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Defendant, which Defendant responded to on April 12, 2019. The parties have met and conferred repeatedly on Defendant’s responses and production, and agreed in late 2019 to focus on mediation related discovery for the February 2020 mediation. Since the mediation was not successful, formal discovery has continued. Defendant served its first set of Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admission on Plaintiff Uzair, to which Plaintiff provided 10 his responses and objections on August 27, 2019 and served document productions on September 23, 11 October 10, and November 15, 2019. Pursuant to the Parties’ meet and confer regarding Defendant’s 12 requests, Plaintiff Uzair served amended responses to Defendant’s Special and Form Interrogatories 13 and an additional document production on January 10, 2020. 14 The Parties agreed to complete depositions needed for Plaintiffs’ motion for class certification 15 and Defendant’s motion for summary judgment as to the individual Plaintiffs by December 15, 2020, 16 without prejudice to Plaintiffs’ ability to conduct additional discovery after Defendant files its motions 17 for summary judgment and without prejudice to both Parties’ ability to conduct additional discovery 18 subsequent to a class certification determination. The parties had agreed to postpone depositions until 19 approximately September 2020, with the goal of conducting depositions in person after the restrictions 20 related to the COVID-19 pandemic were eased. The parties continue to expect that depositions may 21 commence as early as September 2020 with modifications to the format in light of the ongoing 22 restrictions. 23 4, Case Schedule 24 By order on June 3, 2020, the Court granted the Parties’ stipulation and set the following 25 schedule for Plaintiffs’ Motion for Class Certification and Defendant’s Motion for Summary Judgment 26 on the individual Plaintiffs: 27 Event Deadline Last day to file summary judgment motion on Feb. 5, 2021 28 individual plaintiffs 2 FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915 788754.2 Last day to file class certification motion Feb. 26, 2021 Last day to file opposition to summary judgment March 19, 2021 motion on individual plaintiffs Last day to file opposition to class certification March 26, 2021 motion Last day to file reply in support of summary April 9, 2021 judgment motion on individual plaintiffs Last day to file reply in support of class certification April 9, 2021 motion Hearing on motion for summary judgment and April 23, 2021 motion for class certification The parties request another case management conference in January 2021 so the parties can address any outstanding issues requiring the Court’s assistance prior to Defendant’s filing of its motion 10 for summary judgment on February 5, 2021. 11 12 Dated: August 14, 2020 Respectfully submitted, 13 GOLDSTEIN, BORGEN, DARDARIAN & HO 14 Katharina ~idher 15 Katharine Fisher 16 Attorneys for Plaintiffs and Putative Class 1 Dated: August 14, 2020 WILSON, SONSINI, GOODRICH & ROSATI, P.C. 18 19 /s/ Amit Gressel Amit Gressel 20 Attorneys for Defendant Google LLC 21 22 23 24 25 26 27 28 3 FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915 788754.2 PROOF OF SERVICE Case: Abdullah Uzair v. Google, LLC Case No. 18CV328915 STATE OF CALIFORNIA ) SS COUNTY OF SANTA CLARA ) Lhave an office in the county aforesaid. I am over the age of eighteen years and not a party to the within entitled action. My business address is 300 Lakeside Drive, Suite 1000, Oakland, California 94612. I declare that on the date hereof I served a copy of FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT 10 SEE SERVICE LIST BELOW 11 x By Electronic Service: By serving the document by electronic transmission via OneLegal 12 system, the electronic filing service provider of the Superior Court of Santa Clara County, to parties on the service list below. 13 14 (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15 Executed at Oakland, California on August 14, 2020. 16 17 18 Damon Valdez eo Printed Name Signature 19 SERVICE LIST 20 21 Shelby Pasarell Tsai David H. Kramer stsai@wsgr.com dkramer@wsgr.com 22 Amit Q. Gressel WILSON SONSINI GOODRICH & agressel@wsgr.com ROSATI, P.C. 23 WILSON SONSINI GOODRICH & 650 Page Mill Road 24 ROSATI, P.C. Palo Alto, CA 94304-1050 One Market Plaza 25 Spear Tower, Suite 3300 San Francisco, CA 94105 26 27 28 1 PROOF OF SERVICE - CASE NO.: 17-CV-319862 788753.2