Goldberg

ORDER RE: DEFENDANTS’ MOTIONS TO DISMISS

In August 2005, plaintiff Neil Goldberg, a resident of Santa Cruz, California, filed suit against defendants James Cameron and Gale Ann Hurd, two individuals who reside in Los Angeles, California. According to Goldberg, Cameron and Hurd, allegedly misappropriated plaintiffs copyrighted works and used them in all three movies of the Terminator trilogy. Goldberg seeks (1) an injunction and damages for copyright infringement; (2) re turn of all benefits under a theory of conversion; (3) recovery for breach of implied contract; (4) an injunction and damages under Cal. Bus. & Prof.Code § 17200; (5) an accounting; and (6) declaratory relief. Cameron and Hurd have each filed motions to dismiss for improper venue or, in the alternative, transfer of venue. Each defendant also moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) in the event the court declines to dismiss or transfer on the basis of venue.

I. BACKGROUND

Plaintiff is the holder of a registered copyright to a movie script entitled “Long Live Music.” Plaintiff was issued a certificate of registration, No. Pau 175-490 on November 4, 1979 for the work. (1st Am.…