Lewis v. YouYube, LLC (2016) , Cal.App.4th
[No. H041127. Sixth Dist. Dec. 28, 2015.]
JAN LEWIS, Plaintiff and Appellant, v. YOUTUBE, LLC, Defendant and Respondent.
(Superior Court of Santa Clara County, No. CV256300, Mary Arand, Judge.)
(Opinion by Mihara, J., with Bamattre-Manoukian, Acting P.J., and Márquez, J., concurring.)
COUNSEL
Royse Law Firm , Thomas E. Moore III, Nicole V. Economou for Plaintiff and Appellant.
Wilson Sonsini Goodrich & Rosati, David H. Kramer, Jacob T. Veltman, Sara E. Rowe for Defendant and Respondent. {Slip Opn. Page 2}
OPINION
MIHARA, J.-
Plaintiff Jan Lewis used the video-sharing service operated by defendant YouTube, LLC (YouTube). After YouTube suspended her account, Lewis filed a complaint for breach of contract. The trial court sustained YouTube's demurrer to her complaint without leave to amend. We conclude that Lewis failed to establish that she was entitled to either damages or specific performance and affirm the judgment of dismissal.
In November 2013, Lewis filed her complaint for breach of contract and sought either damages or specific performance. A month later, YouTube filed a demurrer. It also filed a request for judicial notice of the YouTube Community Guidelines and several e-mails between Lewis and YouTube. Lewis opposed both the demurrer and the request for judicial notice. YouTube filed a reply in support of its demurrer to the complaint. Following a hearing, the trial court granted the request for judicial notice, sustained the demurrer without leave to amend, and entered a judgment of dismissal. fn. 1 Lewis filed a timely notice of appeal.
далее