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Defendant's Motion for Summary Judgment No. 2CV11-01613 SI
PRINTED ONRECYCLED PAPER
TO ALL PARTIES AND THEIR COUNSEL OF RECORD:PLEASE TAKE NOTICE
that, on June 27, 2014 at 9:00 a.m. or as soon thereafter ascounsel may be heard in Courtroom 10 of the above-entitled Court, located at 450 Golden GateAvenue, San Francisco, CA 94102, before the Honorable Susan Illston, defendant UMGRecordings, Inc. (“UMGR”) will and hereby does move for an Order granting summary judgmentto UMGR on the Fourth Causes of Action for open book account,
Fifth Causes of Action for violation of California Business & Professions Code § 17200 (the “UCL”) and Sixth Causes of Action for violation of New York General Business Law § 349 in the Consolidated AmendedComplaint (“CAC”) of plaintiffs Rick James, by and through the James Ambrose Johnson, Jr., 1999Trust (the “James Trust”), Whitesnake, a doing business designation of David Coverdale, by and for Whitesnake Productions (Overseas) Limited (“Whitesnake”), Carlton Douglas Ridenhour (“Ridenhour”), Dave Mason (“Mason”), Ron Tyson (“Tyson”), Robert Walter “Bo” Donaldson(“Donaldson”), William McLean (“McLean”) and Andres Titus (“Titus”) (collectively “Plaintiffs”).The grounds of this motion are as follows:
A. UCL CLAIMS
Plaintiffs’ UCL claims should be dismissed because:1. The gravamen of the claims are private commercial contract disputes that, after discovery, lack a sufficient connection to the protection of the public or consumers generally.2. Plaintiffs Ridenhour, Titus, and McLean are also precluded from asserting suchclaims, based upon their contracts’ New York choice-of-law provisions.
B. NEW YORK GENERAL BUSINESS LAW SECTION 349 CLAIMS
Plaintiffs’ claim under New York General Business Law section 349 should be dismissed because:1. After discovery, Plaintiffs’ claims do not have “a broad impact on consumers atlarge,” as section 349 requires.
Ridenhour’s “open book account” claim was dismissed by this Court based on his NewYork choice of law provisions.
Ridenhour v. UMG Recordings, Inc.
, 2012 WL 463960, *4 (N.D.Cal. 2012). McLean and Titus also do not have open book account claims for the same reason.
Case3:11-cv-01613-SI Document205 Filed05/23/14 Page2 of 32