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Contracts
Breach of Contract
Stored Communications Act

Alice Svenson, individually and on behalf of all others similarly situated v. Google Inc., Google Payment Corporation

Published: Aug. 30, 2014 | Result Date: Aug. 12, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 5:13-cv-04080-BLF Bench Decision –  Dismissal

Court

USDC Northern


Attorneys

Plaintiff

Elizabeth Roberson-Young
(Office of the Public Interest Counsel)

Frank Jablonski

Dominique A. Sopko

Kathryn S. Diemer

Mark Anthony Bulgarelli


Defendant

Charles C. Sipos
(Perkins Coie LLP)

Susan D. Fahringer
(Perkins Coie LLP)

Sunita B. Bali
(Perkins Coie LLP)


Facts

Alice Svenson filed a class action against Google Inc. and Google Payment Corp. related to mobile application or purchases in the Google Play store.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Google made unauthorized disclosures of user information to third party developers of apps when users purchased apps in the Play store using Google Wallet. Plaintiff asserted claims for breach of contract, breach of implied covenant of good faith and fair dealing, violation of the Store Communications Act under 18 U.S.C. Section 2701, violation of SCA Section 2702, and violation of California's Unfair Competition Law.

DEFENDANT'S CONTENTIONS:
Google moved to dismiss the complaint for failure to state a claim. Google also argued that plaintiff lacked standing to bring her claim.

Result

The court denied Google's motion to dismiss for lack of standing. However, the court did grant Google's motion to dismiss for failure to state a claim with respect to claims 1, 2, 4 and 5 with leave to amend, and claim 3 without leave to amend.

Other Information

FILING DATE: Sept. 3, 2013.


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