La Park La Brea A LLC v. Airbnb, Inc.

I.

PROCEDURAL BACKGROUND

Currently before the Court is Defendants Airbnb, Inc.'s and Airbnb Payments, Inc.'s (collectively, "Airbnb") motion to dismiss ("MTD") [Doc. # 16] or, in the alternative, motion to strike ("MTS") [Doc. # 17]. 1 Plaintiffs La Park La Brea A LLC, La Park La Brea B LLC, La Park La Brea C LLC, and Aimco Venezia, LLC's (collectively, "Aimco") first amended putative class action complaint ("FAC") raises several state law causes of action related to short-term rentals of Aimco properties on Airbnb's website that purportedly violate Aimco's lease agreement with its tenants. [Doc. # 1-1.]

Airbnb seeks dismissal of the FAC in its entirety on the following grounds: (1) all *1100 claims are barred by the Communications Decency Act ("CDA"), 47 U.S.C. § 230 et seq. ; and (2) the FAC fails to state a claim upon which relief may be granted. In the alternative, Airbnb seeks to strike the FAC's class definition.

While the MTD and MTS were pending, Aimco filed a motion for preliminary injunction and a motion for expedited discovery. [Doc. # 23, 41.]

For the reasons set forth below, the motion to dismiss is GRANTED . In light of the Court's ruling on the motion to…