Programmers Failed to State a Breach-of-License Claim
by Legal PDF: Tech Court CasesSeptember 22nd, 2023
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Under California law, to state a claim for breach of contract a plaintiff must plead the contract.People Mentioned
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 14 of 26.
ARGUMENT
III. PLAINTIFFS FAIL TO STATE A BREACH-OF-LICENSE CLAIM.
“Under California law, to state a claim for breach of contract a plaintiff must plead the contract, plaintiffs’ performance (or excuse for nonperformance), defendant’s breach, and damage to plaintiff therefrom.” Low v. LinkedIn Corp., 900 F. Supp. 2d 1010, 1028 (N.D. Cal. 2012) (quotation marks omitted). Count II fails this test.
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