Ison

I. FACTUAL AND PROCEDURAL BACKGROUND1

A. Ison’s Practice and Online Marketing Efforts Ison opened her practice in August 2004. She advertised through direct mailings and in the Yellow Pages advertisements in Mountain View and surrounding communities. In early 2005, Ison set up a Web site with the domain name carlaisonphd.com to promote her practice. She contracted with Yahoo to host her Web site on its servers.

1 We take the relevant facts from the record that was before the trial court when it ruled on defendants’ summary judgment motions. (State Dept. of Health Services v. Superior Court (2003) 31 Cal.4th 1026, 1034-1035.) Unless otherwise noted, the facts recited herein are undisputed. Where the facts are in dispute, we recount Ison’s version of the facts, but only to the extent her version is supported by citation to the record. (Cal. Rules of Court, rule 8.204(a)(1)(C) [matters referenced from the record in appellate briefs must be supported “by a citation to the volume and page number of the record where the matter appears”].) More often than not, Ison’s briefs lack the requisite record citations. We disregard any factual assertions she makes that are unaccompanied…