Davis
Davis v. Pinterest, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HAROLD DAVIS, Case No. 19-cv-07650-HSG Plaintiff, ORDER GRANTING MOTION TO
DISMISS
v. Re: Dkt. No. 62 PINTEREST, INC., Defendant. 12 Pending before the Court is Defendant Pinterest, Inc.’s motion to dismiss Count II of Plaintiff Harold Davis’s second amended complaint. See Dkt. No. 62. The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the reasons discussed below, the Court GRANTS the motion to dismiss without leave to amend. I. BACKGROUND A. Factual Background Plaintiff is a digital artist and professional photographer. See Dkt. No. 56 (“SAC”) at ¶ 12. Defendant is an online platform that allows users to create their own virtual image boards or “boards,” by “pinning” images to their boards. See id. at ¶¶ 2, 23. These images may be captured by Defendant’s users, or may be copied from other sources on the internet. …