Newman

Newman v. Google LLC

Good Law
United States District Court, Northern District of CaliforniaAugust 17, 20233:20-cv-04011California3,421 words

Opinion

Trial Court Opinion

background, political viewpoint, position, or affiliation.” The plaintiffs thus bring a breach of contract claim against YouTube (and its parent company, Google). They also bring claims for breach of the implied covenant of good faith and fair dealing, unfair competition, accounting, conversion, and replevin. YouTube’s motion to dismiss is granted. Although the plaintiffs have adequately alleged the existence of a contractual promise, they have not adequately alleged a breach of that promise. The general idea that YouTube’s algorithm could discriminate based on race is certainly plausible. But the allegations in this particular lawsuit do not come close to suggesting that the plaintiffs have experienced such discrimination. The breach of contract claim must therefore be dismissed. As for the remaining claims, the current version of the complaint adds nothing to remedy the deficiencies identified in prior rulings, and so those claims must also be dismissed. See Newman v. Google LLC, No. 20-cv-4011-VC, 2022 WL 2556862, at *1–*3 (N.D. Cal. July 8, 2022); Newman v. Google LLC, No. 20-cv-4011-VC, 2022 WL 20438233, at *2–*3 (N.D. Cal. Nov. 28, 2022). The plaintiffs have had six…

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