NovelPoster

NovelPoster v. Javitch Canfield Group

Good Law
140 F. Supp. 3d 938·2014 WL 3845148·2014 U.S. Dist. LEXIS 106804
United States District Court, Northern District of CaliforniaAugust 4, 2014Case No. 13-CV-05186-WHOCalifornia7,638 words

Opinion

Lead Opinion

Orrick, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

Re: Dkt. No.

INTRODUCTION

This case involves the soured relationship between the owners of the plaintiff company, NovelPoster, and the defendant company engaged to operate it, Javitch Canfield Group. Javitch Canfield Group’s owners, Mark Javitch and Daniel Canfield, are also defendants. NovelPoster asserts various causes of action under both federal and state law based on the defendants’ allegedly unlawful access of NovelPoster’s email and other electronic accounts during the start, breakdown, and wake of the parties’ relationship.

The defendants filed this limited Motion for Judgment on the Pleadings, arguing that NovelPoster’s allegations as pleaded in the Complaint fail to support the First through Fourth Causes of Action for violations of the federal Computer Fraud and Abuse Act, the federal Electronic Communications Privacy Act, California’s Comprehensive Computer Data Access and Fraud Act, and California’s Invasion of Privacy Act. The motion is GRANTED. Novel-Poster fails to adequately plead loss to support its causes of action under the Computer Fraud and Abuse Act and Cali- *940 forma’s Comprehensive…

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