12345678910111213141516171819202122232425262728 UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIAWESTERN DIVISIONACADEMY OF MOTION PICTURES ARTSAND SCIENCES, a California Non-Profit Corporation;Plaintiff,v.GODADDY.COM, INC, a DelawareCorporation; THE GODADDY GROUP,INC., a Delaware Corporation,DOMAINS BY PROXY, INC., aDelaware Corporation,GREENDOMAINMARKET.COM, anunknown entity; BDS, an unknownentity; XPDREAMTEAM, LLC, aCalifornia Limited LiabilityCorporation;Defendants.CV 10-3738 ABC (CWx)ORDER RE: DEFENDANTS’GODADDY.COM, INC. AND DOMAINSBY PROXY, INC.’S MOTION TODISMISS FIRST AMENDEDCOMPLAINT, OR, IN THEALTERNATIVE, TO STRIKEPending before the Court is a Motion to Dismiss Plaintiff’s FirstAmended Complaint, or In the Alternative, Motion to Strike (“Motion”),filed by Defendants GoDaddy.com, Inc., and Domains By Proxy, Inc.(“Defendants”), on November 6, 2010. On November 19, 2010, PlaintiffAcademy of Motion Pictures Arts and Sciences (“Plaintiff”) filed its
Case 2:10-cv-03738-ABC -CW Document 68 Filed 12/15/10 Page 1 of 8 Page ID #:680
12345678910111213141516171819202122232425262728Opposition, and on December 6, 2010, Defendants filed their Reply.The Court finds this Motion appropriate for resolution without oralargument and
VACATES
the hearing set for December 20, 2010. Fed. R.Civ. P. 78; Local Rule 7-15. For the reasons below, the Motion is
DENIED
.
I. PROCEDURAL BACKGROUND
The factual background of this case is set forth at length in theCourt’s September 20, 2010 Order (“Order,” docket no. 51) onDefendants’ first Motion to Dismiss. Therein, the Court dismissedcertain of Plaintiff’s claims with leave to amend. On October 12,2010, Plaintiff filed its First Amended Complaint (“FAC”) amending itsclaims under California Business & Professions Code § 17200 et seq.(“UCL”) for unfair conduct and unlawful conduct, claims 2 and 3respectively. In the instant Motion, Defendants argue that these re-pled claims must be dismissed under Fed. R. Civ. P. 12(b)(6) becausePlaintiff lacks standing to bring them and, in the alternative, thatthe unfair conduct claim is otherwise inadequately pled. Defendantsalso move in the alternative, under Fed. R. Civ. P. 12(f), to strikePlaintiff’s prayer for restitution.
II. DISCUSSION A. Legal Standard for a Rule 12(b)(6) Motion to Dismiss
The Supreme Court has recently clarified the level of pleadingnecessary to survive a motion to dismiss under Rule 12(b)(6). SeeAshcroft v. Iqbal, __ U.S. __, __, 129 S. Ct. 1937, 1950–52 (2009);Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557–58 (2007). Federal Ruleof Civil Procedure 8(a)(2) requires a “short and plain statement of2
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12345678910111213141516171819202122232425262728the claim showing that the pleader is entitled to relief,” which doesnot require “detailed factual allegations,” but it “demands more thanan unadorned, the-defendant-unlawfully-harmed-me accusation.” Iqbal, __ U.S. at __, 129 S. Ct. at 1949. A claim must be “plausible on itsface,” which means that the Court can “draw the reasonable inferencethat the defendant is liable for the misconduct alleged.” Id.; seeTwombly, 550 U.S. at 556, 570. In other words, “a plaintiff’sobligation to provide the grounds of his entitlement to reliefrequires more than labels and conclusions, and a formulaic recitationof the elements of a cause of action will not do.” Twombly, 550 U.S.at 555 (internal quotations and alterations omitted). Allegations offact are taken as true and construed in the light most favorable tothe nonmoving party. See Newdow v. Lefevre, 598 F.3d 638, 642 (9thCir. 2010).In analyzing the sufficiency of the complaint, the Court mustfirst look at the requirements of the causes of action alleged. SeeIqbal, __ U.S. at __, 129 S. Ct. at 1947. The Court may then identifyand disregard any legal conclusions; they are not subject to therequirement that the Court must accept as true all of the allegationscontained in the complaint. Id. at __, 129 S. Ct. at 1949. The Courtmust then decide whether well-pleaded factual allegations, whenassumed true, “plausibly give rise to an entitlement to relief.” Id.at __, 129 S. Ct. at 1950. In doing so, the Court may not considermaterial beyond the pleadings, but may consider judicially noticeabledocuments, documents attached to the complaint, or documents to whichthe complaint refers extensively or which form the basis of theplaintiff’s claims in the complaint. See United States v. Ritchie,342 F.3d 903, 908 (9th Cir. 2003).3
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