TIMED OUT LLC vs. MIDWAY VENTURES LLC

Case No.: 37-2015-00021222-CU-NP-CTL    

Defendant Midway Venture LLC dba Pacers ("Defendant" or "Midway") has brought a motion for summary judgment or, in the alternative, summary adjudication of issues.


Plaintiff's First Amended Complaint alleges causes of action for statutory and common law misappropriation of publicity. Plaintiff brings this action pursuant to various assignments it was provided by models whose images were allegedly used without their consent on the Defendant's social media sites. As Plaintiff argued in its opposition, the Defendant is alleged to have used – through the acts of Defendant J Dog Media, Inc. ("J Dog") – the models' images without their consent on Defendant's Facebook and Instagram pages. (See opposing points and authorities, 1:2-4.)


The following facts are not disputed. Defendant is the operator of Pacers, an adult entertainment establishment in San Diego. In 2012, J Dog solicited Mid........