NovelPoster

ORDER DENYING DEFENDANTS’ SECOND MOTION FOR JUDGMENT ON THE PLEADINGS

Re: Dkt. No. Ill

INTRODUCTION

This order concerns the second motion for judgment on the pleadings filed by defendants in this case. I granted the first motion with respect to plaintiff Novel-Poster’s claims under the Computer Fraud and Abuse Act (“CFAA”) and California’s Comprehensive Computer Data Access and Fraud Act (“CDAFA”) on the ground that NovelPoster had failed to adequately plead damage or loss within the meaning of either statute. NovelPoster has since filed an amended complaint (“First Amended Complaint”) with additional details concerning the damage and loss Nov-elPoster allegedly sustained as a result of defendant’s conduct. Defendants contend that the First Amended Complaint still fails to adequately plead damage or loss under the CFAA and CDAFA, and that it fails to properly allege that defendants accessed or used a computer “without permission,” as required to state a claim .under the CDAFA. For the reasons discussed below, the motion is DENIED.

BACKGROUND

I. FACTUAL BACKGROUND

The following facts are alleged in the First Amended Complaint and are pre *956 sumed true for the purposes of…