Offley

Offley v. Activision, Inc.

Good Law
273 F. App'x 610
United States Court of Appeals for the Ninth CircuitApril 9, 2008No. 06-56238California561 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs appeal the district court’s summary judgment in favor of defendants Activision, Riley and Vybe Squad, LLC. Plaintiffs alleged that defendants violated the Copyright Act of 1976 and California Civil Code § 3344 by using plaintiffs’ music, likenesses, and names in the video game “True Crime: Streets of L.A.” We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo, Weber v. Dep’t of Veterans Affairs, 512 F.3d 1178, 1181 (9th Cir.2008), and affirm.

Plaintiffs’ 11-page opening brief contains no citation to the excerpts of record, no standards of review, no statement of the issues presented for review, no summary of the argument, an inadequate jurisdictional statement and challenges only one of the three alternative summary judgment grounds presented to the district court for the copyright claims. See Fed. R.App. P. 28(a); Circuit Rule 28-2. Even though the defendants requested dismissal of the appeal in their response brief, plaintiffs did not file a reply brief or attempt to cite to the record. These defects are grounds to strike the brief and summarily affirm. Sekiya v. Gates, 508 F.3d 1198, 1200…

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