Woloszynska

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 KATARZYNA WOLOSZYNSKA, et al., Case No. 23-cv-00636-BLF

Plaintiffs,

CORRECTED ORDER GRANTING

v. DEFENDANTS’ SPECIAL MOTION TO

STRIKE

NETFLIX, INC., et al., [Re: ECF No. 26] Defendants.

12 This case is about Defendants’ right to use a photo of Plaintiffs in a fictional television show that contains content considered by Plaintiffs to be offensive and inappropriate. Plaintiffs’ First Amended Complaint alleges that Defendants misappropriated the likeness of and negligently inflicted emotional distress upon Plaintiffs by using a picture of eight-year-old Maja Woloszyńska and her father Piotr Woloszyński in the Polish television show Mire ’97. ECF No. 24 (“FAC”). Defendants have filed a special motion to strike both claims under California Code of Civil Procedure Section 425.16, and alternatively, a motion to dismiss both claims under Federal Rule of Civil Procedure 12(b)(6). ECF No. 25 (“Mot.”). …