On February 2, 2021, Judge Susan Van Keulen, in the Northern District of California, denied in part and granted in part Defendant’s Motion to Dismiss. Flores-Mendez et al v. Zoosk, Inc. et al. (N.D. CA; 3:20-cv-04929-WHA).
Considering whether Plaintiff sufficiently pled a common law violation of privacy, the Court found that:
“Plaintiff conceded that [the claim for violation of the CCPA] should be dismissed because there are no allegations of a security breach in this case.”
In evaluating Plaintiff’s claim for violation of Section 17200, the Court did not reject the theory that a properly alleged violation of CCPA could be the basis for the unlawful prong.