Daniels
Daniels v. Alphabet Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 MARSHALL DANIELS, Case No. 20-cv-04687-VKD
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS FIRST AMENDED
COMPLAINT
ALPHABET INC., et al., Re: Dkt. No. 33 Defendants.
13 On March 31, 2021, this Court granted plaintiff Marshall Daniels leave to file an amended complaint only as to his breach of contract claim. See Dkt. No. 31 at 15, 22-23. Two weeks later, Mr. Daniels filed a first amended complaint (“FAC”) against defendants Alphabet, Inc. (“Alphabet”), Google LLC (“Google”), YouTube, LLC (“YouTube”), and Does 1 through 10, asserting an amended breach of contract claim, as well as all of the other claims asserted in his original complaint. Dkt. No. 32. Defendants again move to dismiss Mr. Daniels’s FAC under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim, and under Section 230(c) of the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c). Dkt.…