Julia G. Durward v. One Technologies LLC

Good Law
United States District Court, Central District of CaliforniaOctober 3, 20192:19-cv-06371California4,858 words

Opinion

Trial Court Opinion

I. Background

Plaintiff Julia Durward sues Defendants One Technologies LLC (“OneTech”) and Does 1- 50 inclusive for violations of the California Business and Professions Code §§ 17529.5(a)(1) and 17529.5(a)(2) arising from unsolicited emails. See generally Complaint, Docket No. 1-1. Plaintiff seeks statutory damages of $1,000 per email, attorneys’ fees, and costs. Id. ¶ 5. Plaintiff alleges the following: Plaintiff is an individual residing in Los Angeles County, in California. Id. ¶ 7. OneTech is a Delaware limited liability company headquartered in Dallas, Texas. Id. ¶ 8. OneTech, which owns and operates several websites, engages numerous third party affiliates (the “advertising affiliates”) to advertise for OneTech. Id. ¶ 3-4. Defendants or their agents sent at least 90 allegedly unlawful Unsolicited Commercial Emails (“spams”) to Plaintiff. Id. ¶ 1. OneTech’s agents used self-destructing emails to hide both their and OneTech’s identities in order to avoid liability for their illegal activities. Id. ¶ 2. The advertising affiliates send millions of unlawful commercial emails to recipients that did not give consent to receive them. Id. ¶ 4. Many of the emails include false…

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