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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF FRESNO
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CHARLES JOHNSON, CASE No. 18CECG00078
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Plaintiff, DEMURRER TO COMPLAINT
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V. Judge: Hon. Kimberly Gaab
23 Date: April 5, 2018
TWITTER, INC., Time: 3:30
24 Dept.: 503
Defendant.
25 Action Filed: January 8, 2018
Trial Date: Not yet set
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2118176vl /20979.0001
DEMURRER TO COMPLAINT
1 Demurrer
2 Defendant Twitter, Inc. demurs to the Complaint filed by Plaintiff Charles Johnson on
3 January 8, 2018 in the above-captioned civil action, on each of the following grounds. The basis
4 for this Demurrer is more particularly set forth in the Memorandum of Points and Authorities filed
8 1. The First Cause of Action fails to state facts sufficient to constitute a valid cause of
10 2. The First Cause of Action is barred by the First Amendment to the United States
11 Constitution.
12 3. The First Cause of Action is barred by the federal Communications Decency Act.
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15 1. The Second Cause of Action fails to state facts sufficient to constitute a valid cause
17 2. The Second Cause of Action is barred by the First Amendment to the United States
18 Constitution.
20 Act.
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23 1. The Third Cause of Action fails to state facts sufficient to constitute a valid cause
25 2. The Third Cause of Action is barred by the First Amendment to the United States
26 Constitution.
27 3. The Third Cause of Action is barred by the federal Communications Decency Act.
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2118176vl / 20979.0001 2
DEMURRER TO COMPLAINT
1 Demurrer to the Fourth Cause of Action:
2 1. The Fourth Cause of Action fails to state facts sufficient to constitute a valid cause
4 2. The Fourth Cause of Action is barred by the First Amendment to the United States
5 Constitution.
6 3. The Fourth Cause of Action is barred by the federal Communications Decency Act.
9 1. The Fifth Cause of Action fails to state facts sufficient to constitute a valid cause of
11 2. The Fifth Cause of Action is barred by the First Amendment to the United States
12 Constitution.
13 3. The Fifth Cause of Action is barred by the federal Communications Decency Act.
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16 1. The Sixth Cause of Action fails to state facts sufficient to constitute a valid cause of
18 2. The Sixth Cause of Action is barred by the First Amendment to the United States
19 Constitution.
20 3. The Sixth Cause of Action is barred by the federal Communications Decency Act.
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23 1. The Seventh Cause of Action fails to state facts sufficient to constitute a valid
25 2. The Seventh Cause of Action is barred by the First Amendment to the United
26 States Constitution.
28 Act.
2118176vl /20979.0001
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DEMURRER TO COMPLAINT
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3 1. The Eighth Cause of Action fails to state facts sufficient to constitute a valid cause
5 2. The Eighth Cause of Action is barred by the First Amendment to the United States
6 Constitution.
7 3. The Eighth Cause of Action is barred by the federal Communications Decency Act.
10 1. The Ninth Cause of Action fails to state facts sufficient to constitute a valid cause
12 2. The Ninth Cause of Action is barred by the First Amendment to the United States
13 Constitution.
14 3. The Ninth Cause of Action is barred by the federal Communications Decency Act.
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16 WHEREFORE, Defendant prays that these demurrers be sustained without leave to amend,
17 that Plaintiff take nothing by his Complaint, that Defendant have judgment for its costs, and for
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2118176vl /20979.0001 4
DEMURRER TO COMPLAINT
1 DATED: March 8, 2018 Respectfully submitted,
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By: s/ Thomas G. Sprauk ling
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Patrick J. Carome (pro hac vice application pending)
5 Ari Holtzblatt (pro hac vice application pending)
WILMER CUTLER PICKERING
6 HALE AND DORR LLP
1875 Pennsylvania Ave, NW
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Washington, DC 20006
8 Telephone: (202) 663-6000
Facsimile: (202) 663-6363
9 patrick.carome@wilmerhale.com
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2118176vl /20979.0001 5
DEMURRER TO COMPLAINT