eOnline Global Inc. v. Google LLC
Published: Jul. 5, 2019 | Result Date: May 15, 2019 | Filing Date: Oct. 8, 2016 |Case number: 5:16-cv-05822-EJD Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Mark W. Poe
(Gaw Poe LLP)
Randolph Gaw
(Gaw Poe LLP)
Samuel S. Song
(Gaw Poe LLP)
Victor Meng
(Gaw Poe LLP)
Defendant
Jeffrey M. Gutkin
(Cooley LLP)
Michael G. Rhodes
(Cooley LLP)
Audrey J. Mott-Smith
(Cooley LLP)
Kyle C. Wong
(Cooley LLP)
Facts
Plaintiff Eonline Global Inc. filed suit against Google LLC, in relation to a contract for online advertising.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that Google terminated its advertising accounts and withheld more than $400,000 of unpaid funds. Additionally, plaintiffs alleged that Google was liable for breach of contract, breach of an implied covenant of good faith and fair dealing.
DEFENDANT'S CONTENTIONS: Defendant alleged that it sent plaintiff warnings that its ad placement on mobile sites violated Google's standard. Additionally, Google sent more than a dozen warnings to plaintiffs. Defendant contended that it credited the $400,000 to the plaintiffs plus its share of the revenue from the ads on plaintiff's websites and an additional $221,000 back to the advertisers who had been charged from the ads running on plaintiff's websites. Defendant alleged that by creating websites specifically to run ads and by filling those websites with intentionally deceptive content, plaintiffs frustrated the purpose of the agreement.
Result
The court granted defendants motion for summary judgment and denied plaintiffs cross motion for summary judgment.
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