K.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 M. K., Case No. 21-cv-08465-VKD

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART GOOGLE’S

MOTION TO DISMISS

GOOGLE LLC, et al., Re: Dkt. No. 78 Defendants.

13 Plaintiff M.K., through his mother as guardian ad litem, brings this action against Google, LLC (“Google”) and the Fremont Unified School District (“District”) asserting claims for relief for harm M.K. alleges he suffered when the District used a Google platform to facilitate remote learning during the COVID-19 pandemic. Both defendants moved to dismiss M.K.’s original complaint pursuant to Rule 12(b)(6). Dkt. Nos. 21, 33. The Court granted these motions, but gave M.K. leave to amend his complaint. Dkt. Nos. 64, 65. M.K.’s first amended complaint (“FAC”) asserts four claims against Google for: (1) violation of the federal Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710; (2) violation of …