DZ Reserve v. Meta Platforms, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 DZ RESERVE, et al., Case No. 3:18-cv-04978-JD

Plaintiffs,

ORDER RE MOTION FOR

v. JUDGMENT ON THE PLEADINGS

META PLATFORMS, INC., Re: Dkt. No. 270 Defendant.

9 Defendant Meta Platforms, Inc. (Meta), formerly known as Facebook, asks for judgment on the Third Amended Complaint, Dkt. No. 332, under Federal Rule of Civil Procedure 12(c). Dkt. No. 270. The parties’ familiarity with the record is presumed, and the motion is granted in part. 1. Restitution: Sonner v. Premier Nutrition Corp., 971 F.3d 834, 844 (9th Cir. 2020), requires plaintiffs to show they lack an adequate remedy at law in order to seek equitable relief, and plaintiffs have not done so for the claim of restitution under the UCL. Plaintiffs say they have alleged a lack of adequate legal remedy, Dkt. No. 274 at 6, but they do not point to any such allegations in the complaint. Plaintiffs’ UCL claims are coextensive with their common law fraud claims, as both…