Brackett

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS OR TRANSFER FOR IMPROPER VENUE AND TO DISMISS COUNTS III AND IV

INTRODUCTION

In this copyright infringement action, defendants move to dismiss for improper venue or to transfer the action to the Central District of California. Defendants also move to dismiss Counts III and IV of plaintiffs complaint, arguing that those state law claims are preempted by federal copyright law. For the reasons stated below, defendants’ motion is Denied in its entirety.

STATEMENT

Plaintiff is an artist who lives and works in Sonoma County. Defendant Hilton Hotels Corporation is an international company incorporated in Delaware that has its worldwide headquarters in Beverly Hills. Defendant Hilton Supply Management, Inc., is a Hilton subsidiary also incorporated in Delaware and headquartered in Beverly Hills. Defendant Kevin A. Barry is a Los Angeles-based art dealer. Defendant Kevin Barry Fine Art Associates is a California corporation with its business address in Los Angeles.

In 2002 and 2003, plaintiff painted three original pastels entitled Great Expectations, Winter’s Velvet, and Falling Into Place. She registered all three of these paintings with…