Best Carpet Values, Inc. v. Google LLC

I. BACKGROUND

1 Plaintiffs initiated this class action lawsuit on July 14, 2020, alleging that Google’s 2 placement of unlawful advertisements on their websites gave rise to three California state law 3 claims: implied-in-law contract and unjust enrichment, trespass to chattels, and unfair and 4 unlawful conduct in violation of Cal. Bus. & Prof. Code § 17200 (“UCL”). Compl., ECF No. 1. 5 On September 4, 2021, the Court granted in part and denied in part Defendant’s motion to dismiss, 6 allowing all claims to proceed except for Plaintiffs’ UCL claim under the “unfair” prong. Order 7 Granting in Part and Den. In Part Mot. to Dismiss, ECF No. 41. Finding that the Court’s order 8 involved controlling questions of law, the Court granted Defendant’s request to certify its decision 9 for interlocutory appeal. Order Certifying Decision for Interlocutory Appeal, ECF No. 51. 10 Upon appeal, the Ninth Circuit reversed the Court’s denial of Defendant’s motion to 11 dismiss. Best Carpet Values, 90 F.4th. The court first found that there is no cognizable property 12 interest in website copies that may serve as the basis for a trespass to chattels claim under 13 California law, and…