In Re Google Inc. Street View Electronic Comm.
In Re Google Inc. Street View Electronic Communications Litigation
Opinion
Opinion
Ware, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS WITH LEAVE TO AMEND
I. INTRODUCTION
Plaintiffs bring this putative class action against Google, Inc. (“Defendant”), alleging three causes of action for violation of the federal Wiretap Act, 18 U.S.C. §§ 2511 , et seq., violation of Cal. Bus. & Prof.Code §§ 17200, et seq., and violation of various state wiretap statutes. Plaintiffs allege that Defendant intentionally intercepted data packets, including payload data, from Plaintiffs’ Wi-Fi networks utilizing specially designed packet sniffer software installed on Defendant’s Google Street View vehicles.
Presently before the Court is Defendant’s Motion to Dismiss. The Court conducted a hearing on March 21, 2011. Based on the papers submitted to date and oral argument, the Court GRANTS in part and DENIES in part Defendant’s Motion to Dismiss.
II. BACKGROUND
A. Factual Allegations
In a Consolidated Class Action Complaint filed on November 8, 2011, Plaintiffs allege as follows:
On the basis of the allegations outlined above, Plaintiffs allege three causes of action: (1) violation of the federal Wiretap Act, 18 U.S.C. §§ 2511 , et seq.; (2) violation of Cal.…