Github Motion to dismiss 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 25 of 26.
ARGUMENT
VII. PLAINTIFFS’ UNJUST ENRICHMENT, CONSPIRACY, AND DECLARATORY RELIEF ALLEGATIONS FAIL ALONG WITH THE UNDERLYING CLAIMS.
Plaintiffs purport to advance an unjust enrichment claim against GitHub (Count VI), but “there is no cause of action in California for unjust enrichment.” Melchior v. New Line Prods., Inc., 106 Cal. App. 4th 779, 793 (2003); Bosinger v. Belden CDT, Inc., 358 F. App’x 812, 815 (9th Cir. 2009). Nor is civil conspiracy (Count XI) a cause of action under California law. Applied Equip. Corp. v. Litton Saudi Arabia Ltd., 7 Cal. 4th 503, 514 (1994).
Plaintiffs’ declaratory relief claim (Count XII) rests on the viability of underlying claims, and should be dismissed along with them. Count XII also runs afoul of Article III because the Complaint does not set forth a specific requested declaration, let alone make allegations demonstrating an injury that would be redressed by a declaration. See Part I, supra; Lujan, 504 U.S. at 561; see Hobbs v. Sprague, 87 F. Supp. 2d 1007, 1012 (N.D. Cal. 2000) (no standing where Complaint fails to show that an alleged injury would be redressed by a favorable decision).
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This court case 4:22-cv-06823-JST retrieved on September 11, 2023, from documentcloud.org is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.