From: Boss Partner
Re: Smith v. Johnson
Well, those settlement negotiations didn’t go very well, did they? That was nasty.
We’re really earning our money on this representation. I think we can assume that we
will have to answer the Complaint unless we can get it dismissed.
Just in case we can’t get the case dismissed on jurisdictional grounds, we may still
be able to get the various tort counts against Jane dismissed. If the case ever goes to a
jury, I wouldn’t count on Jane and her business idea as coming across as very
sympathetic. Since I will be drafting the part of the motion to dismiss the Complaint
against Jane based on lack of jurisdiction, I would like you to take a stab at drafting the
part of the memorandum in support of a motion to dismiss all of the tort causes of action.
By way of review, Douglas Smith has alleged the following tort causes of action
– Defamation – based on Jane’s allowing Brenda James’ review of him to reside
on her website
– Invasion of privacy – based on Jane’s allowing Douglas’ name, address and
vehicle information to be published on her website.
– Invasion of privacy- based on Jane’s allowing the video of the Smith’s
profanity laced rant against Brenda to remain posted on Jane’s website
– Misappropriation of name and likeness – based on Jane allowing a video of
Douglas to remain on her commercial site, thereby making money off of his
name and likeness.
– Intentional infliction of emotional distress Based on all your prior research, you should have a really good feeling for the law
involved and how it applies to Jane’s potential liability.
The discussion in your earlier memo about that federal statute was really helpful.
However, make sure not to base the entire motion to dismiss on that statute. Although
you may want to draft a separate section arguing that all of the tort causes of action
should be dismissed based on the statute, we nevertheless want to also argue separately
that those causes of action should be dismissed on traditional California state law
grounds. I’ll review and edit it of course, but when writing it, pretend you’re writing to
the court and that it would be submitted with no review.
Thank for your assistance!