Darnaa, LLC v. Google Inc.

ORDER GRANTING MOTION TO DISMISS

INTRODUCTION

In this action claiming breach of the covenant of good faith and fair dealing, defendants move to dismiss the second *1118 amended complaint. For the reasons stated below, the motion is Granted.

STATEMENT

At all relevant times, defendant YouTube, LLC, a wholly-owned subsidiary of defendant Google Inc., operated an Internet service, also called YouTube, on which users could view and distribute digital videos. YouTube, LLC, required users seeking to distribute videos on the YouTube service to “electronically agree to” a terms of service agreement before posting any videos (Second Amd. Compl. ¶¶ 8, 13-14).

Section 4(H) of the terms of service agreement prohibited the use of automated systems to access the video distribution service (id., Exh. 1 § 4(H)).

Section 10 of the agreement provided a “Limitation of Liability” as follows (id. § 10) (emphasis in original):

Section 14 included a choice-of-law provision selecting “the internal substantive laws of the State of California, without respect to its conflict of laws principles.” It also provided that any dispute would be “decided exclusively by a court of competent jurisdiction…