Laatz
Laatz v. Zazzle, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
Plaintiff brought this suit on August 24, 2022. See Compl., ECF No. 1. On February 1, 2023, the Court adopted the pre-trial schedule proposed by Zazzle in the parties’ jointly filed scheduling proposals. See ECF Nos. 66, 71. There has been no modification to date of this schedule. Plaintiff filed the operative First Amended Complaint (“FAC”) on March 14, 2023. See FAC, ECF No. 82. The FAC asserts claims for (1) fraudulent misrepresentation, (2) fraudulent concealment, and (3) promissory fraud, all in violation of Cal. Civ. Code § 1572, as well as (4) federal copyright infringement under 17 U.S.C. § 101, (5) federal trademark infringement under Defendants filed a motion to dismiss the FAC on March 31, 2023. See ECF No. 86. In that motion and the supporting reply brief, Defendants argued that Plaintiff was not properly a party to the license contract at issue, and thereby lacked standing. See id. at 4, 15; see also ECF No. 96, at 8–9. The Court denied Defendants’ motion to dismiss on July 17, 2023, holding that Plaintiff had sufficiently pled her status as an original party to the…