Daly
Daly v. Viacom, Inc.
Opinion
Opinion
Chesney, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS; VACATING HEARING
(Docket Nos. 90, 98, 114)
Before the Court is defendant Viacom International Inc.’s (“Viacom”) motion to dismiss, filed April 12, 2002, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff Diana Lynn Daly has filed opposition, to which Viacom replied. Also before the Court are the parties’ supplemental memoranda in support of and in opposition to Viacom’s earlier filed special motion to strike pursuant to California Code of Civil Procedure § 425.16. Plaintiff filed separate oppositions to the motions, to which Viacom replied. Having considered the papers filed in support of and in opposition to the motions, the Court finds the matters appropriate for decision on the papers, VACATES the hearing scheduled for June 28, 2002, and rules as follows.
I. Motion to Dismiss
A. Background
The instant action arises from the filming, distribution and promotional advertising of the television program “Bands on the Run.” On August 1, 2001, plaintiff filed a complaint alleging seven causes of action: statutory and common law commercial misappropriation, intrusion, false light, defamation, infliction of…