Garcia
Garcia v. Build.com, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 22-cv-01985-DMS-KSC SILVIA GARCIA, individually and on
behalf of all others similarly situated,
ORDER GRANTING DEFENDANT’S
Plaintiff, MOTION TO DISMISS v. 13 BUILD.COM, INC., and DOES 1–10, 14 inclusive, 15 Defendants. 16 Before the Court is Defendant’s Motion to Dismiss. (ECF No. 10.) Plaintiff brings two claims alleging violations of two provisions of the California Invasion of Privacy Act (CIPA), Cal. Penal Code §§ 631 & 632.7, on behalf of herself and a putative class of others similarly situated, based on interactions with the chat feature on Build.com’s website. For the reasons explained below, the Court grants Defendant’s Motion to Dismiss. Plaintiff’s Complaint is dismissed without prejudice as to the Section 631 claim to the extent it is based on Clause 4 of California Penal Code § 631(a). The Complaint is dismissed with prejudice as to all other claims and theories. I. …