Preview
18C0V328915
Santa Clara — Civil
System System
iled
Laura L. Ho (SBN 173179) David H. Kral cal F rt of CA,
Tho@gbdhlegal.com dkramer@wsgr.co1
James Kan (SBN 240749)
jkan@gbdhlegal.com
WILSON SO!
ROSATI, Pan 2/7/ oreo
650 Page MilReviewed By: System System
Katharine L. Fisher (SBN 305413)
kfisher@gbdhlegal.com Palo Alto, CACASéQH1 8CV328915
GOLDSTEIN, BORGEN, DARDARIAN & Tel: (650) 493rRANGpe: 4002928
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@hammondlawpc.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
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Attorneys for Plaintiff and Putative Class Attorneys for Defendant Google LLC
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15 SUPERIOR COURT OF THE STATE OF CALIFORNIA
16 FOR THE COUNTY OF SANTA CLARA
17
18 ABDULLAH UZAIR, individually and on behalf of Case No. 18CV328915
all others similarly situated,
19 FOURTH JOINT CASE MANAGEMENT
Plaintiff, CONFERENCE STATEMENT
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21 vs. Date: February 14, 2020
Time: 10:00 a.m.
22 GOOGLE, LLC., a California Limited Liability Dept: 1
Company, Before: Hon. Brian C. Walsh
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Defendant. Trial Date: None Set
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FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915
777544.2
Plaintiff Abdullah Uzair and Defendant Google, LLC have met and conferred and submit this
Fourth Joint Case Management Conference Statement in advance of the Case Management Conference
scheduled for February 14, 2020. This statement updates the Parties’ previous Joint Case Management
Conference statements, filed on November 30, 2018, June 10, 2019, and September 6, 2019.
1 Procedural History
Plaintiff filed his complaint on behalf of himself and a putative class of California consumers
on May 30, 2018. Plaintiff is a California consumer who alleges he has been harmed because
Defendant failed to comply with California’s Automatic Renewal Law (the “ARL”), Business and
Professions Code sections 17600, et seg. in its offerings through its Google Play Store. Plaintiff
10 alleges that Defendant’s violation of the ARL’s disclosure and consent requirements meant the
11 subscriptions should have been “unconditional gift[s],” yet Google unlawfully charged and continues
12 to charge Plaintiff
for his Google Play subscription. Plaintiff challenges Defendant’s violations of the
13 ARL under the ARL itself; the Unfair Competition Law (“UCL”), sections 17200, et seq.; the
14 Consumer Legal Remedies Act (“CLRA”), Civil Code sections 1761, et seg.; and the common count of
15 money had and received. The Class Period alleged begins May 30, 2014 and continues through trial.
16 Google denies each and every allegation of wrongdoing set forth in Plaintiff's Complaint and,
17 on August 13, 2018, demurred to all causes of action. It contends it disclosures to consumers
18 complied with the ARL, and that regardless, its good faith efforts to comply are a complete defense to
19 Plaintiff's claim. Google also contends that the “gift” provision on which Plaintiff relies is
20 inapplicable to services such as those Plaintiff obtained through the Google Play Store, and that
21 Plaintiff lacks standing to pursue his claim because Plaintiff did not himself pay for the subscription at
22 issue prior to commencing suit.
23 In its Order After Hearing on February 1, 2019, the Court sustained Defendant’s demurrer as to
24 the First Cause of Action (the ARL) and otherwise overruled Defendant’s demurrer. In particular, the
25 Court rejected Google’s argument that Google Play is a “service,” finding that section 17603 applies to
26 “digital goods” and “Google’s digital delivery of music to consumers falls within section 17603.”
27 Defendant filed a petition for writ of mandate in the Court of Appeal for the Sixth Appellate District on
28 March 5, 2019, and Plaintiff filed a preliminary opposition to the petition as Real Party in Interest on
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FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915
777544.2
March 15. On September 25, 2019, the Court of Appeal denied the petition. On March 6, 2019,
Google answered Plaintiff's complaint.
2. Mediation Status
The parties met with Judge Read Ambler (Ret.) on February 5, 2020, and did not settle the
case. No further settlement attempts are contemplated prior to depositions commencing.
3. Discovery
Plaintiff has 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 continue to meet and confer on Defendant’s responses and production.
10 Defendant served its first set of Form Interrogatories, Special Interrogatories, Requests for
11 Production of Documents, and Requests for Admission on Plaintiff, to which Plaintiff provided his
12 responses and objections on August 27, 2019 and served document productions on September 23,
13 October 10, and November 15, 2019. Pursuant to the Parties’ meet and confer regarding Defendant’s
14 requests, Plaintiff served amended responses to Defendant’s Special and Form Interrogatories and an
15 additional document production on January 10, 2020.
16 If the Parties are not able to reach agreement regarding outstanding discovery disputes before
17 the Case Management Conference, the Parties will request an Informal Discovery Conference with the
18 Court to take place the week of March 2. Motions to compel will be due on March 12, 2020.
19 4, Case Schedule
20 The parties request another case management conference at the end of April/beginning of May
21 2020 so the parties can address any outstanding issues requiring the Court’s assistance prior to
22 Plaintiff's filing of his motion for class certification on May 29, 2020. Defendant also anticipates
23 filing a motion for summary judgment on May 29, 2020, directed to Plaintiff's standing.
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FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915
777544.2
Dated: February 7, 2020 Respectfully submitted,
GOLDSTEIN, BORGEN, DARDARIAN & HO
as
Laura 1/Ho v
Attomeys for Plaintiff and Putative Class
Dated: February 7, 2020 WILSON, SONSINI, GOODRICH TI, P.C.
N
Attomeys
=
Shelby Pasarpil Tsai
for Defendant Google LLC
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FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO, 18CV328915
777544.2
PROOF OF SERVICE
Case: Abdullah Uzair v. Google, LLC
Case No. 18CV328915
STATE OF CALIFORNIA )
SS
COUNTY OF SANTA CLARA )
I have 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
FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT
10
SEE ATTACHED SERVICE LIST
11
& By Electronic Service: Based on a court order or an agreement of the parties to accept
12 electronic service, I caused the documents to be sent to the persons at the electronic service
address(es) as set forth below
13
(State) I declare under penalty of perjury under the laws of the State of California that the
14 foregoing is true and correct.
Chalbea
1S Executed at Oakland, California on Septe:
16
~\acg uelwolknpan
t
Printed Name ignature
18
SERVICE
19
Shelby Pasarell Tsai David H. tamer
20
stsai@wsgr.com dkramer@wsgr.com
21 Amit Q. Gressel WILSON SONSINI GOODRICH &
agressel@wsgr.com ROSATI, P.C.
22 WILSON SONSINI GOODRICH & 650 Page Mill Road
ROSATI, P.C. Palo Alto, CA 94304-1050
23
One Market Plaza
24 Spear Tower, Suite 3300
San Francisco, CA 94105
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PROOF OF SERVICE - CASE NO.: 17-CV-319862
777697.1
Preview
18C0V328915 Santa Clara — Civil System System iled Laura L. Ho (SBN 173179) David H. Kral cal F rt of CA, Tho@gbdhlegal.com dkramer@wsgr.co1 James Kan (SBN 240749) jkan@gbdhlegal.com WILSON SO! ROSATI, Pan 2/7/ oreo 650 Page MilReviewed By: System System Katharine L. Fisher (SBN 305413) kfisher@gbdhlegal.com Palo Alto, CACASéQH1 8CV328915 GOLDSTEIN, BORGEN, DARDARIAN & Tel: (650) 493rRANGpe: 4002928 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@hammondlawpc.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 Plaintiff and Putative Class Attorneys for Defendant Google LLC 14 15 SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 FOR THE COUNTY OF SANTA CLARA 17 18 ABDULLAH UZAIR, individually and on behalf of Case No. 18CV328915 all others similarly situated, 19 FOURTH JOINT CASE MANAGEMENT Plaintiff, CONFERENCE STATEMENT 20 21 vs. Date: February 14, 2020 Time: 10:00 a.m. 22 GOOGLE, LLC., a California Limited Liability Dept: 1 Company, Before: Hon. Brian C. Walsh 23 Defendant. Trial Date: None Set 24 25 26 27 28 FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915 777544.2 Plaintiff Abdullah Uzair and Defendant Google, LLC have met and conferred and submit this Fourth Joint Case Management Conference Statement in advance of the Case Management Conference scheduled for February 14, 2020. This statement updates the Parties’ previous Joint Case Management Conference statements, filed on November 30, 2018, June 10, 2019, and September 6, 2019. 1 Procedural History Plaintiff filed his complaint on behalf of himself and a putative class of California consumers on May 30, 2018. Plaintiff is a California consumer who alleges he has been harmed because Defendant failed to comply with California’s Automatic Renewal Law (the “ARL”), Business and Professions Code sections 17600, et seg. in its offerings through its Google Play Store. Plaintiff 10 alleges that Defendant’s violation of the ARL’s disclosure and consent requirements meant the 11 subscriptions should have been “unconditional gift[s],” yet Google unlawfully charged and continues 12 to charge Plaintiff for his Google Play subscription. Plaintiff challenges Defendant’s violations of the 13 ARL under the ARL itself; the Unfair Competition Law (“UCL”), sections 17200, et seq.; the 14 Consumer Legal Remedies Act (“CLRA”), Civil Code sections 1761, et seg.; and the common count of 15 money had and received. The Class Period alleged begins May 30, 2014 and continues through trial. 16 Google denies each and every allegation of wrongdoing set forth in Plaintiff's Complaint and, 17 on August 13, 2018, demurred to all causes of action. It contends it disclosures to consumers 18 complied with the ARL, and that regardless, its good faith efforts to comply are a complete defense to 19 Plaintiff's claim. Google also contends that the “gift” provision on which Plaintiff relies is 20 inapplicable to services such as those Plaintiff obtained through the Google Play Store, and that 21 Plaintiff lacks standing to pursue his claim because Plaintiff did not himself pay for the subscription at 22 issue prior to commencing suit. 23 In its Order After Hearing on February 1, 2019, the Court sustained Defendant’s demurrer as to 24 the First Cause of Action (the ARL) and otherwise overruled Defendant’s demurrer. In particular, the 25 Court rejected Google’s argument that Google Play is a “service,” finding that section 17603 applies to 26 “digital goods” and “Google’s digital delivery of music to consumers falls within section 17603.” 27 Defendant filed a petition for writ of mandate in the Court of Appeal for the Sixth Appellate District on 28 March 5, 2019, and Plaintiff filed a preliminary opposition to the petition as Real Party in Interest on 1 FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915 777544.2 March 15. On September 25, 2019, the Court of Appeal denied the petition. On March 6, 2019, Google answered Plaintiff's complaint. 2. Mediation Status The parties met with Judge Read Ambler (Ret.) on February 5, 2020, and did not settle the case. No further settlement attempts are contemplated prior to depositions commencing. 3. Discovery Plaintiff has 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 continue to meet and confer on Defendant’s responses and production. 10 Defendant served its first set of Form Interrogatories, Special Interrogatories, Requests for 11 Production of Documents, and Requests for Admission on Plaintiff, to which Plaintiff provided his 12 responses and objections on August 27, 2019 and served document productions on September 23, 13 October 10, and November 15, 2019. Pursuant to the Parties’ meet and confer regarding Defendant’s 14 requests, Plaintiff served amended responses to Defendant’s Special and Form Interrogatories and an 15 additional document production on January 10, 2020. 16 If the Parties are not able to reach agreement regarding outstanding discovery disputes before 17 the Case Management Conference, the Parties will request an Informal Discovery Conference with the 18 Court to take place the week of March 2. Motions to compel will be due on March 12, 2020. 19 4, Case Schedule 20 The parties request another case management conference at the end of April/beginning of May 21 2020 so the parties can address any outstanding issues requiring the Court’s assistance prior to 22 Plaintiff's filing of his motion for class certification on May 29, 2020. Defendant also anticipates 23 filing a motion for summary judgment on May 29, 2020, directed to Plaintiff's standing. 24 25 26 27 28 2 FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915 777544.2 Dated: February 7, 2020 Respectfully submitted, GOLDSTEIN, BORGEN, DARDARIAN & HO as Laura 1/Ho v Attomeys for Plaintiff and Putative Class Dated: February 7, 2020 WILSON, SONSINI, GOODRICH TI, P.C. N Attomeys = Shelby Pasarpil Tsai for Defendant Google LLC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO, 18CV328915 777544.2 PROOF OF SERVICE Case: Abdullah Uzair v. Google, LLC Case No. 18CV328915 STATE OF CALIFORNIA ) SS COUNTY OF SANTA CLARA ) I have 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 FOURTH JOINT CASE MANAGEMENT CONFERENCE STATEMENT 10 SEE ATTACHED SERVICE LIST 11 & By Electronic Service: Based on a court order or an agreement of the parties to accept 12 electronic service, I caused the documents to be sent to the persons at the electronic service address(es) as set forth below 13 (State) I declare under penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct. Chalbea 1S Executed at Oakland, California on Septe: 16 ~\acg uelwolknpan t Printed Name ignature 18 SERVICE 19 Shelby Pasarell Tsai David H. tamer 20 stsai@wsgr.com dkramer@wsgr.com 21 Amit Q. Gressel WILSON SONSINI GOODRICH & agressel@wsgr.com ROSATI, P.C. 22 WILSON SONSINI GOODRICH & 650 Page Mill Road ROSATI, P.C. Palo Alto, CA 94304-1050 23 One Market Plaza 24 Spear Tower, Suite 3300 San Francisco, CA 94105 25 26 27 28 1 PROOF OF SERVICE - CASE NO.: 17-CV-319862 777697.1