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DAVID H. KRAMER, (SBN 168452)
WILSON SONSINI GOODRICH & ROSATI, P.C.
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: (650) 493-9300
Facsimile: (650) 493-6811
Email: dkramer@wsgr.com
SHELBY PASARELL TSAI (SBN 220408)
WILSON SONSINI GOODRICH & ROSATI, P.C.
One Market Plaza | Spear Tower, Suite 3300
San Francisco, CA 94105
Telephone: (415) 947-2111
Facsimile: (415) 947-2099
Email: stsai@wsgr.com
Attorneys for Defendant Google LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
ABDULLAH UZAIR, individually and on ) CASE NO. 18CV328915
behalf of all others similarly situated, )
) GOOGLE’S NOTICE OF DEMURRER
Plaintiff, ) AND DEMURRER TO PLAINTIFF’S
) COMPLAINT
)
) Hearing Date: December 7, 2018
GOOGLE LLC, a California Limited ) Time: 9:00 a,m,
Liability Company ) Dept:
) Before: Hon. Brian C. Walsh
Defendant. )
) Complaint Filed: May 30, 2018
) Trial Date: None Set
)
OOGLE S OTICE OF EMURRER AND EMURRER ASE 18CV328915
O LAINTIFF S OMPLAINT
PLEASE TAKE NOTICE THAT on December 7, 2018 at 9:00 a.m., or as soon thereafter
as the matter may be heard, in the courtroom of the Honorable Brian C. Walsh of the above-
entitled court, located at 191 North First Street, San Jose, California 95113, Defendant Google
LLC. (“Google”) will and hereby does demur, pursuant to California Code of Civil Procedure
Section 430.10(e), to Plaintiff’s Complaint on the grounds that the Complaint fails to state facts
sufficient to constitute a cause of action.
PLEASE TAKE FURTHER NOTICE that Google demurs to Plaintiff’s Complaint on the
following grounds, which are set forth in detail in the following Memorandum of Points and
Authorities:
10 Google demurs by general demurrer to the First, Second, Third, Fourth, Fifth, and Sixth
11 Causes of Action, pursuant to Code of Civil Procedure Section 430.10(e), on the grounds that the
12 Complaint fails to state facts sufficient to constitute a cause of action against Google. With
13 respect to each of the six claims, Plaintiff has failed to put forth a cognizable or coherent claim
14 upon which relief can be granted. Plaintiff fails to state a claim under California’s Automatic
15 Renewal Law (Business & Professions Code § 17600 et seq.) (“ARL”), Count One because there
16 is no private right of action under that Law, as discussed more fully in the Memorandum of
17 Points and Authorities filed concurrently herewith. Plaintiff also fails to establish standing to
18 pursue claims under California’s Unfair Competition Law (Business & Professions Code §
19 17200 et seq.) (“UCL”), Counts Two, Three, and Six, because Plaintiff does not allege that he
20 suffered an injury in fact or lost “money or property” as a result of unfair competition. Plaintiff
21 also fails to state a claim under the UCL because he does not allege that he relied on any
22 allegedly misleading omission by Google or that Google made any fraudulent representations to
23 Plaintiff and consumers. Plaintiff also fails to state a claim under California’s Consumer Legal
24 Remedies Act (California Civil Code §§ 1750 et seq.) (“CLRA”) because Plaintiff lacks standing
25 to sue under the CLRA, and Google never misrepresented its right to charge Plaintiff for the
26 subscription he purchased and used. Finally, Plaintiff fails to state a claim for monies had and
27 received, Count Five, because Plaintiff does not allege that he paid Google money by mistake,
28 extortion, oppression, or unfair advantage or that it was not for Plaintiff’s benefit. A demurrer
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OOGLE S OTICE OF EMURRER AND EMURRER ASE 18CV328915
O LAINTIFF S OMPLAINT
should be sustained where, as in this case, the pleading fails to state facts sufficient to constitute
a legally cognizable claim. Stoops v. Abbassi, 100 Cal. App. 4th 644, 650 (2002).
This Demurrer is based on this Notice, the Memorandum of Points and Authorities filed
concurrently in support thereof, the Declaration of Amit Gressel in support thereof, the pleadings
and papers on file with this Court, and such other and further matters as may be presented to the
Court on or before the hearing on this matter. Based on the foregoing, Google respectfully
requests that this Court sustain its demurrer and enter an Order dismissing all claims against
Google without leave to amend.
Dated: August 13, 2018 WILSON SONSINI GOODRICH & ROSATI, P.C.
By: /s/ Shelby Pasarell Tsai
Shelby Pasarell Tsai
Attorneys for Defendant Google LLC
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OOGLE S OTICE OF EMURRER AND EMURRER ASE 18CV328915
O LAINTIFF S OMPLAINT
Preview
DAVID H. KRAMER, (SBN 168452) WILSON SONSINI GOODRICH & ROSATI, P.C. 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 493-6811 Email: dkramer@wsgr.com SHELBY PASARELL TSAI (SBN 220408) WILSON SONSINI GOODRICH & ROSATI, P.C. One Market Plaza | Spear Tower, Suite 3300 San Francisco, CA 94105 Telephone: (415) 947-2111 Facsimile: (415) 947-2099 Email: stsai@wsgr.com Attorneys for Defendant Google LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ABDULLAH UZAIR, individually and on ) CASE NO. 18CV328915 behalf of all others similarly situated, ) ) GOOGLE’S NOTICE OF DEMURRER Plaintiff, ) AND DEMURRER TO PLAINTIFF’S ) COMPLAINT ) ) Hearing Date: December 7, 2018 GOOGLE LLC, a California Limited ) Time: 9:00 a,m, Liability Company ) Dept: ) Before: Hon. Brian C. Walsh Defendant. ) ) Complaint Filed: May 30, 2018 ) Trial Date: None Set ) OOGLE S OTICE OF EMURRER AND EMURRER ASE 18CV328915 O LAINTIFF S OMPLAINT PLEASE TAKE NOTICE THAT on December 7, 2018 at 9:00 a.m., or as soon thereafter as the matter may be heard, in the courtroom of the Honorable Brian C. Walsh of the above- entitled court, located at 191 North First Street, San Jose, California 95113, Defendant Google LLC. (“Google”) will and hereby does demur, pursuant to California Code of Civil Procedure Section 430.10(e), to Plaintiff’s Complaint on the grounds that the Complaint fails to state facts sufficient to constitute a cause of action. PLEASE TAKE FURTHER NOTICE that Google demurs to Plaintiff’s Complaint on the following grounds, which are set forth in detail in the following Memorandum of Points and Authorities: 10 Google demurs by general demurrer to the First, Second, Third, Fourth, Fifth, and Sixth 11 Causes of Action, pursuant to Code of Civil Procedure Section 430.10(e), on the grounds that the 12 Complaint fails to state facts sufficient to constitute a cause of action against Google. With 13 respect to each of the six claims, Plaintiff has failed to put forth a cognizable or coherent claim 14 upon which relief can be granted. Plaintiff fails to state a claim under California’s Automatic 15 Renewal Law (Business & Professions Code § 17600 et seq.) (“ARL”), Count One because there 16 is no private right of action under that Law, as discussed more fully in the Memorandum of 17 Points and Authorities filed concurrently herewith. Plaintiff also fails to establish standing to 18 pursue claims under California’s Unfair Competition Law (Business & Professions Code § 19 17200 et seq.) (“UCL”), Counts Two, Three, and Six, because Plaintiff does not allege that he 20 suffered an injury in fact or lost “money or property” as a result of unfair competition. Plaintiff 21 also fails to state a claim under the UCL because he does not allege that he relied on any 22 allegedly misleading omission by Google or that Google made any fraudulent representations to 23 Plaintiff and consumers. Plaintiff also fails to state a claim under California’s Consumer Legal 24 Remedies Act (California Civil Code §§ 1750 et seq.) (“CLRA”) because Plaintiff lacks standing 25 to sue under the CLRA, and Google never misrepresented its right to charge Plaintiff for the 26 subscription he purchased and used. Finally, Plaintiff fails to state a claim for monies had and 27 received, Count Five, because Plaintiff does not allege that he paid Google money by mistake, 28 extortion, oppression, or unfair advantage or that it was not for Plaintiff’s benefit. A demurrer -1- OOGLE S OTICE OF EMURRER AND EMURRER ASE 18CV328915 O LAINTIFF S OMPLAINT should be sustained where, as in this case, the pleading fails to state facts sufficient to constitute a legally cognizable claim. Stoops v. Abbassi, 100 Cal. App. 4th 644, 650 (2002). This Demurrer is based on this Notice, the Memorandum of Points and Authorities filed concurrently in support thereof, the Declaration of Amit Gressel in support thereof, the pleadings and papers on file with this Court, and such other and further matters as may be presented to the Court on or before the hearing on this matter. Based on the foregoing, Google respectfully requests that this Court sustain its demurrer and enter an Order dismissing all claims against Google without leave to amend. Dated: August 13, 2018 WILSON SONSINI GOODRICH & ROSATI, P.C. By: /s/ Shelby Pasarell Tsai Shelby Pasarell Tsai Attorneys for Defendant Google LLC -2- OOGLE S OTICE OF EMURRER AND EMURRER ASE 18CV328915 O LAINTIFF S OMPLAINT