Jane Doe v. PHE, Inc.
Opinion
Trial Court Opinion
I. INTRODUCTION
On January 3, 2024, Jane Doe (“Plaintiff”) filed a class action Complaint against PHE, Inc. (“PHE”) and Google, LLC (“Google”) (collectively, “Defendants” alleging a violation of the California Invasion of Privacy Act, Cal. Penal Code §§ 630—638.55 (““CIPA”). (ECF No. 1-1.) On February 7, 2024, the action was removed pursuant to the Class Action Fairness Act (““CAFA”), 28 U.S.C. § 1332(d). (ECF No. 1.) Presently before the Court is Plaintiff's Motion to Remand. (ECF No. 31.) For the following reasons, the Court DENIES the Motion. Il. FACTUAL BACKGROUND
The following facts, unless indicated otherwise, are alleged in Plaintiff's Complaint: PHE, a company incorporated in North Carolina, operates www.adameve.com (the ““Website”) which is the “largest adult product marketer in the United States.” (Compl. § 18.) Plaintiff used the Website, and PHE disclosed her personal sexual information and IP address to Google through the Google Analytics service. (Jd. § 22.) Plaintiff consented to neither PHE enabling the Google Analytics service nor the transmission of her private sexual information to Google through the service. (/d. J 28.) Plaintiff did not…