DZ Reserve v. Meta Platforms, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DZ RESERVE AND CAIN MAXWELL Case No. 3:18-cv-04978-JD (D/B/A MAX MARTIALIS), individually and on behalf of all others similarly situated,

ORDER RE MOTION TO DISMISS

Plaintiffs, 9 Re: Dkt. No. 177 v.

FACEBOOK, INC., Defendant.

13 This order follows two rulings on motions to dismiss prior iterations of the complaint. See Dkt. Nos. 83, 130. Facebook asks to dismiss the fraud and contract-related claims in the third amended complaint (TAC), Dkt. No. 1661, under Federal Rules of Civil Procedure 9(b) and 12(b)(6). Dkt. No. 177. This third, and the Court expects last, pleadings motion is granted and denied in part. The parties’ familiarity with the governing legal standards and the Court’s prior orders is assumed. Facebook’s request to dismiss the fraudulent misrepresentation and fraudulent concealment claims for lack of sufficient specificity under Rule 9(b) is denied. The Court has already sustained the adequacy of the fraud allegations for purposes of the California Unfair …