Modification: Wozniak v. YouTube, LLC

STEVE WOZNIAK et al.,

Plaintiffs and Appellants,

v.

YOUTUBE, LLC, et al.,

Defendants and Respondents.

No. H050042

(Santa Clara County Super. Ct. No. 20CV370338)

California Court of Appeal

Sixth Appellate District

Filed April 2, 2024

ORDER MODIFYING OPINION,

DENYING PETITION FOR REHEARING;

NO CHANGE IN JUDGMENT

BY THE COURT:

It is ordered that the opinion filed herein on March 15, 2024, be modified as follows:

On page 1, the second full paragraph shall now read:

"Plaintiffs are Steve Wozniak---whose name and likeness were used in the fake videos---and 17 individuals who fell victim to the scam and lost varying amounts of cryptocurrency. They sued YouTube and Google (defendants), asserting nine causes of action alleging that defendants have been knowingly hosting, promoting, and profiting from the scam for years."

On page 17, the first full paragraph shall now read:

"The allegations in the SAC do not support that characterization, though. Plaintiffs have not alleged that the mere hijacking of channels, without more, caused them harm. Nor have they alleged that defendants owed them a duty to prevent the hijacking of channels, regardless of whether any harmful content follows."

On page 17, the last full paragraph shall now read:

"Lastly, we recognize that the individual plaintiffs in this action do not make identical allegations. For instance, only the bitcoin plaintiffs allege they were scammed into transferring their cryptocurrency, and only Wozniak alleges that his name and likeness were misappropriated, thereby causing reputational damage. However, the allegations in the negligence cause of action do not distinguish between Wozniak and the bitcoin plaintiffs. Nor have plaintiffs argued in their briefs that any individual plaintiffs made different allegations in support of their negligent security claim."

There is no change in the judgment. The petition for rehearing is denied.

Wilson, J.

WE CONCUR:

Danner, Acting P.J.

Bromberg, J.