Defendants Instagram and Facebooks demurrers to plaintiff’s first amended complaint. Demurrers sustained without leave to amend. (See Code Civ. Proc. § 430.10, subd. (e)).
Each of the above-referenced causes of action and plaintiff’s damages arise from publication on the defendants’ websites, of content created and posted by a third party, defendant Taylor.
Plaintiff does not allege that these demurring defendants created or posted the offensive material. All of the plaintiff’s common law claims against defendants Instragram and Facebook are barred by the Communications Decency Act (“CDA”) at 47 USC § 230, et seq.
Plaintiff’s opposition fails to cite any authorities that contradict the extensive citations to state and federal authorities holding that the CDA bars claims based upon exactly same conduct as alleged here, i.e. allowing a third party to “hack” or otherwise access or modify a social media account, and failing to remove such offensive content upon d........