Two recent back-to-back decisions involving the same plaintiff and the same magistrate in the United States Northern District of California illustrate when a court would—and would not—likely grant a request to unmask an anonymous poster pursuant to 28 U.S.C. § 1782. In re Yasuda, No. 19-MC-80127-TSH, 2019 WL 4933581 (N.D. Cal. Oct. 7, 2019) (Yasuda … [Read more...] about Twitter Wins One Motion to Quash a Subpoena Seeking the Identifying Information of its User And Loses Another: A Case Study in Dealing With Applications for Production of Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782
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Must an anti-SLAPP defendant submit declarations in order to satisfy their prong one burden?
The Second District Court of Appeals recently issued a significant opinion in Bel Air Internet, LLC v. Morales (2018) 20 Cal.App.4th 924. In Bel Air, the plaintiff brought claims for (1) intentional interference with contractual relations; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; and (4) conversion (against one defendant … [Read more...] about Must an anti-SLAPP defendant submit declarations in order to satisfy their prong one burden?
Consumer Review Websites Have Standing to Assert the Rights of Their Users to Remain Unknown
Until recently, no California court had squarely addressed the issue of whether a consumer review website has to standing to assert the First Amendment rights of its users to remain anonymous. As the Sixth District Court of Appeal observed: “A decade ago, [this was] a relatively novel question. Now, however, a substantial preponderance of national authority favors the rule … [Read more...] about Consumer Review Websites Have Standing to Assert the Rights of Their Users to Remain Unknown
The Tale Of A Model, A Blogger, and Internet Anonymity
I couldn't resist any longer. By now you know the story of Rosemary Port, the blogger who had anonymously blogged about model Liskula Cohen, stating that Cohen was a "skank" and a "ho," among other choice character descriptions. You also know that a court forced Google to reveal Port's identity. Up until that time the story wasn't that interesting to me because the case … [Read more...] about The Tale Of A Model, A Blogger, and Internet Anonymity
Subpoenas not subject to motion to strike as “SLAPP”: Tendler v. www.jewishsurvivors.blogspot.com
Subpoenas are not subject to a motion to strike under Code of Civil Procedure section 425.16, et seq., because they do not constitute a "cause of action." Tendler v. www.jewishsurvivors.blogspot.com, June 10, 2008 164 Cal.App.4th 802. This decision will undoubtedly lead to an increase in requests for subpoenas to ISPs and assist plaintiffs in obtaining the identities of … [Read more...] about Subpoenas not subject to motion to strike as “SLAPP”: Tendler v. www.jewishsurvivors.blogspot.com