HOLOMAXX TECHNOLOGIES v. Microsoft Corp.

ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND IN PART

Defendant Microsoft Corporation (“Microsoft”) moves to dismiss the complaint of Plaintiff Holomaxx Technologies (“Holomaxx”) pursuant to Fed. R. Civ. Pro. 12(b)(6) for failure to state a claim upon which relief may be granted. The complaint asserts the following claims: (1) violation of 18 U.S.C. §§ 2510 , et seq. (“Wiretap Act”); (2) violation of 18 U.S.C. §§ 2701 , et seq. (“Stored Communications Act”); (3) violation of 18 U.S.C. § 1030 , et seq. (“Computer Fraud and Abuse Act”); (4) intentional interference with contract; (5) intentional interference with prospective business advantage; (6) violation of California Penal Code §§ 630, et seq. (“wiretapping/eavesdropping”); (7) viola tion of California Civil Code §§ 43, et seq. (Defamation); (8) false light; and (9) violation of California Business and Professions Code §§ 17200, et seq. (“UCL”). For the reasons discussed below, the motion will be granted, with leave to amend in part.

I. BACKGROUND

Holomaxx describes itself as an “ecommerce business development company” that provides a number of different services, including “contracting] with commercial clients to…