Diaz

I. Background

Plaintiff Cherie Diaz sued Defendant One Technologies for violations of California Business and Professions Code §§ 17529.5(a)(2) and 17529.5(a)(3) arising from 54 unsolicited emails. See generally Complaint (“Compl.”), No Docket. 1-1. Plaintiff seeks statutory damages of $1,000 per email, and “attorneys’ fees as part of costs.” Id. at 6. Plaintiff alleges the following: she is a citizen of California, and Defendant is a Delaware limited liability company headquartered in Texas. Id. ¶¶ 7-8. Plaintiff receives her email on a computer located within Los Angeles County, and Defendant designed its website “specifically to solicit California residents by including California specific programming and California specific language,” and it receives “millions of dollars per year from California residents.” Id. ¶¶ 10, 12. Defendants send “unsolicited commercial email advertisements” to which Plaintiff did not consent to receive and that “advertise services sold at the various websites owned by the Defendants.” Id. ¶ 25. According to Plaintiff, “[m]ost, if not all, of the emails use hypertext mark up language (‘HTML’) in the body which contain…