Silverstein
Silverstein v. Keynetics Inc.
Opinion
Lead Opinion
Ryu, J.
ORDER ON MOTIONS TO DISMISS
Defendants 418 Media LLC (“418 Media”) and Lewis Howes, and specially appearing Defendants Keynetics, Inc. (“Key-netics”) and Click Sales, Inc.' (“Click Sales”), separately move pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(2) to dismiss Plaintiff William Silver-stein’s amended complaint. [Docket Nos. 6, 13.] The court ordered the parties to file supplemental briefing on the motions, which the parties timely filed. [Docket Nos. 34-36.] The court held a hearing on April 28, 2016. For the following reasons, *1046 Defendants’ motions to dismiss are granted because Plaintiffs claims for relief are preempted by federal law. '
I. BACKGROUND
. The following facts are taken from the allegations in Plaintiffs amended complaint, and are assumed to be true for purposes .of this motion. 1 ■ . .
Plaintiff brings this putative class action alleging violations of California’s restrictions on unsolicited commercial email. Plaintiff is a member of the group “C, Linux and Networking Group” on Linked-ln, a professional networking website. FAC ¶ 4. Through his membership in that group, he' received unlawful commercial emails (“spam” emails) that came…