OpenAI Lawsuit: Here's Where the Plaintiffs' Claims Fail and Why
by Legal PDF: Tech Court CasesSeptember 23rd, 2023
Too Long; Didn't Read
DOE v. GITHUB Court Filing, retrieved on January 26, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This part is 20 of 21.People Mentioned
DOE v. GITHUB Court Filing, retrieved on January 26, 2023 is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This part is 20 of 21.
MEMORANDUM OF POINTS AND AUTHORITIES
IV. ARGUMENT
C. Plaintiffs’ Claims Fail for Reasons Specific to Each Claim.
10. Plaintiffs Fail to State a Claim for Declaratory Relief.
Plaintiffs’ claim for declaratory relief should be dismissed because it is not an independent cause of action. See Mayen v. Bank of Am. N.A., No. 14-CV-03757-JST, 2015 WL 179541, at *5 (N.D. Cal. Jan. 14, 2015). Where, as here, there is no basis for any of the underlying claims, dismissal is appropriate. See Malasky v. Esposito, No. 16-CV-04102-DMR, 2019 WL 79032, at *10 (N.D. Cal. Jan. 2, 2019), aff'd, 781 F. App'x 643 (9th Cir. 2019) (dismissing declaratory relief claim “[b]ecause the court has dismissed [the] underlying claims”).
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