Masry

I. INTRODUCTION

13 Plaintiffs Omar Masry and Elliot Mass bring this class action on behalf of 14 themselves and others similarly situated against Lowe’s Companies and Lowe’s Home 15 Centers (“Defendants”), for prohibiting customers from posting negative reviews. 16 Plaintiffs allege that by including a non-disparagement clause in the Lowes.com website 17 terms of use, Defendants violate California consumer protection laws—in particular, one 18 known as the California “Yelp” law which aims to protect consumer speech about goods 19 and services that other consumers may consider purchasing. 20 Defendants move to dismiss the case for lack of personal jurisdiction and failure to 21 state a claim, or in the alternative, to transfer venue. The Court finds the matter suitable 22 for disposition on the papers under Civil Local Rule 7-1(b). For the reasons explained 23 herein, the Court GRANTS Defendants’ motion to dismiss for failure to state a claim.

II. BACKGROUND

25 Plaintiffs allege the following. Plaintiffs and class members are residents of 26 California who either purchased goods or services on Lowes.com, or used the Lowes.com 27 “Sites”—the website, mobile app,…