IMDb Motion To Strike
IMDb Motion To Strike
IMDb Motion To Strike
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TO ALL PARTIES TO THIS ACTION AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on September 16, 2020, or as soon thereafter as the matter
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may be heard in Department P of the above-referenced Court located at 1725 Main St., Santa
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Monica, CA 90401, Defendant IMDb.com, Inc. (“IMDb”) will and hereby does move this Court
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for an order to strike Plaintiff Bruce H. Singman’s Complaint pursuant to California Code of Civil
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Procedure Section 425.16. This Motion is filed in conjunction with IMDb’s Notice of Demurrer
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and Demurrer to the Complaint.
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
5778815
1 This Motion is based on this Notice of Motion, the Memorandum of Points and Authorities,
2 the Declaration of Eunice Leong (“Leong Decl.”), and Declaration of Giancarlo Cairella (“Cairella
3 Decl.”) filed herewith; the pleadings and papers filed in this action; IMDb’s Notice of Demurrer
4 and Demurrer to the Complaint; and such other matters as may be presented to the Court at the time
5 of the hearing.
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13 By:
Moez M. Kaba
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Attorneys for Defendant
15 IMDb.com, Inc.
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 TABLE OF CONTENTS
2 Page
3 I. INTRODUCTION ................................................................................................................ 6
4 II. LEGAL STANDARD .......................................................................................................... 9
5 III. ARGUMENT ...................................................................................................................... 10
6 A. This Action Arises from IMDb’s Protected Activity ............................................. 10
7 1. As a Public Forum, IMDb Engages in Speech in Connection
with Issues of Public Interest ...................................................................... 10
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2. IMDb’s Pre-Litigation Communications are Protected
9 Activity ....................................................................................................... 13
10 B. Plaintiff Cannot Show a Reasonable Probability of Prevailing .............................. 13
11 1. No Valid Underlying Claim Supports Plaintiff’s Request for
Declaratory Relief ....................................................................................... 14
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2. Plaintiff’s Complaint is Time-Barred ......................................................... 15
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3. IMDb is Protected as a Publisher by the Communications
14 Decency Act................................................................................................ 16
15 IV. CONCLUSION................................................................................................................... 17
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 TABLE OF AUTHORITIES
2 Page(s)
3 Cases
24 Hassell v. Bird,
5 Cal. 5th 522 (2018) .......................................................................................................... 16
25
Hatch v. Superior Court,
26 80 Cal. App. 4th 170 (2000) ............................................................................................... 12
27
IMDb.com, Inc. v. Becerra,
28 257 F. Supp. 3d 1099 (N.D. Cal. 2017) ................................................................................ 6
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
5778815
1 TABLE OF AUTHORITIES (cont.)
2 Page(s)
13 Navellier v. Sletten,
29 Cal. 4th 82 (2002) ...................................................................................................... 9, 10
14
Nygard, Inc. v. Uusi-Kerttula,
15 159 Cal. App. 4th 1027 (2008) ........................................................................................... 11
16
Optional Capital, Inc. v. Akin Gump Strauss, Hauer & Feld LLP,
17 18 Cal. App. 5th 95 (2017) ................................................................................................. 10
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
5778815
1 I. INTRODUCTION
2 Defendant IMDb.com (“IMDb”) brings this special motion to strike pursuant to California’s
3 anti-SLAPP statute because Plaintiff’s complaint seeks to punish IMDb for its protected, and
4 important, speech. 1
5 IMDb is the “world’s most popular and authoritative source for movie, TV and celebrity
6 content, designed to help fans explore the world of movies and shows and decide what to watch.”
7 IMDb Help Center: What is IMDb?, IMDb, https://imdb.to/33JrtfQ; see also IMDb.com, Inc. v.
8 Becerra, 257 F. Supp. 3d 1099, 1101 (N.D. Cal. 2017) (“Visitors to this site can read entertainment
9 news [and] reviews about movies[.]”). One of the primary services that IMDb provides is a free,
10 publicly accessible, and searchable online database of information on millions of movies and other
11 entertainment programs, including cast, production crew and personal biographies, plot summaries,
12 trivia, fan and critical reviews, ratings, release dates, and more. Most of this data is provided by
14 Through this lawsuit, Plaintiff Bruce H. Singman (“Plaintiff”) seeks to force IMDb to
15 change and remove information regarding a particular film (Warrior) on one of IMDb’s public
16 webpages. Specifically, Plaintiff contends that IMDb must change the “release date” for Warrior
17 from “2002” to “2020” and remove other title and distributor information. (See Compl. ¶ 15;
18 Prayer.) Plaintiff’s Complaint asserts a single cause of action for declaratory relief and demands
19 $500,000,000; however, he does not and cannot identify any underlying cause of action or legal
21 Plaintiff’s improper attempt to both censor and force speech on IMDb’s website is precisely
22 the sort of case involving an “act in furtherance of a person’s right of . . . free speech” against
23 which California’s anti-SLAPP statute was designed to protect. See Cal. Civ. Proc. Code §
24 425.16(b)(1). A California Court of Appeals has already held under similar circumstances that
25 IMDb is a “public forum” and the information about films posted on its webpages is protected
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In addition to falling within the scope of California’s anti-SLAPP statute, Cal. Civ. Proc. Code §
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28 425.16, this action fails as a matter of law for multiple reasons, as explained in Defendant’s
Demurrer to the Complaint filed concurrently herewith.
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 under California’s anti-SLAPP statute. See Kronemyer v. Internet Movie Database Inc., 150 Cal.
2 App. 4th 941, 946 (2007) (affirming order granting anti-SLAPP motion to complaint for
3 declaratory relief that sought to force IMDb to add the plaintiff’s name as an Executive Producer
4 on an IMDb webpage).
5 Because Plaintiff’s sole cause of action for declaratory relief arises from activity protected
6 by the anti-SLAPP statute, he has the burden of proving at this stage that he can prevail on his
7 claim. See Cal. Civ. Proc. Code § 425.16(b)(1); see also S. Sutter, LLC v. LJ Sutter Partners, L.P.,
8 193 Cal. App. 4th 634, 665 (2011) (“[A]n anti-SLAPP motion may lie against a complaint for
9 declaratory relief.”). That is, Plaintiff must show both that his “claim is legally sufficient and there
11 McGarry v. Univ. of San Diego, 154 Cal. App. 4th 97, 108 (2007).
12 Plaintiff cannot satisfy his burden. As an initial matter, although Plaintiff now claims,
13 under penalty of perjury, 2 that Warrior’s release date should be listed as “2020” instead of “2002,”
14 Plaintiff’s own prior actions and writings contradict the verified Complaint’s allegations:
15 • Plaintiff previously informed IMDb in writing on June 27, 2002 that Warrior was
16 selected for and subsequently shown at the New York International Independent
18 • Plaintiff confirmed this on October 22, 2014, when he again contacted IMDb about
19 the 2002 invitation from NYIIFVF. (Id., Ex. E.) As Plaintiff is aware, IMDb policy
20 makes clear that the release dates for films listed on its webpages are “derived from
21 the date of earliest release. This includes any festival release dates.” See IMDb
23 added).
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27 As Plaintiff himself alleges, he “is a graduate of the University of California School of Law in
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Berkeley, California and has a J.D. Degree and is an attorney licensed to practice law in the State of
28 California and practices law in the County of Los Angeles, State of California.” (Compl. ¶ 6.)
Plaintiff is thus well aware of his duty of candor toward the Court. Cal. R. Prof’l Conduct 3.3(a).
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 • Plaintiff’s own reviews of Warrior on IMDb.com contradict his Complaint in that
2 they all show that the film has long been publicly available. (Cairella Decl., Ex. B–
3 C.)
4 • Plaintiff’s allegation that Warrior “has not yet” been released to the public is also
5 contradicted by Plaintiff’s own actions and information available to him. (Compl. at
8 by the public. (Leong Decl., Ex. A–E.) IMDb’s counsel also purchased a DVD
9 copy of Warrior from Amazon.com on March 12, 2019. (Leong Decl., Ex. J.) In
10 addition, Warrior has been listed—and continues to be listed—for sale on the video
11 hosting website Vimeo. (Id., Ex. K.) On April 23, 2020, IMDb’s counsel purchased
13 • Plaintiff also admits that his co-producer, York Entertainment, made the film
14 commercially available for purchase in 2002. (Compl. ¶ 7.)
16 publicly released long before 2020, and the information on IMDb’s webpage is accurate. 3
17 Even the new release date Plaintiff demands IMDb insert (2020) has constantly shifted.
18 Plaintiff previously sent IMDb correspondence asking it to change Warrior’s release date to 2017
19 instead of 2020. (Cairella Decl., Ex. F.) In an earlier lawsuit Plaintiff filed in federal court making
20 the same allegations, Plaintiff demanded that the court compel IMDb to change the release date to
21 “2019 or 2020.” Compl. ¶ 20, Singman v. Amazon.com, Inc., No. 2:19-cv-10882-AB-E (C.D. Cal.
22 filed Dec. 26, 2019), ECF No. 1 (the “Dismissed Federal Action”). 4 Plaintiff now claims that 2020
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24 As recently as March 2019, IMDb reminded Plaintiff of the various actions he has taken
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throughout the years that prove Warrior was released in 2002 and informed him of case law that
25 effectively forecloses any liability on IMDb’s part for publication of the release year. (Leong
Decl., Ex. F.) In addition, IMDb also asserted the arguments made in this Special Motion to Strike
26 and IMDb’s concurrently filed Demurrer in the case filed by Plaintiff in the Central District of
California. Plaintiff is thus well aware of the factual inaccuracies and legal flaws in his Complaint.
27 His decision to nevertheless file this action twice is therefore particularly troubling.
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4 That matter was dismissed with prejudice to refiling in federal court for lack of subject-matter
(Continued...)
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 should be listed as the release date on the IMDb webpage for Warrior but also incredibly claims
2 that the film has not been released to the public (in 2020 or otherwise). (Compl. ¶ 15.)
3 But this Court need not address the factual inaccuracies in Plaintiff’s Complaint, because
4 his sole claim for declaratory relief fails as a matter of law for numerous reasons.
5 First, Plaintiff’s sole cause of action is for “declaratory relief,” but he has not identified any
6 underlying cause of action or legal theory that would entitle him to any relief. It is black letter law
7 that “[a] request for declaratory relief will not create a cause of action that otherwise does not
9 Second, even if Plaintiff had pled an underlying claim, his request for declaratory relief is
10 time-barred by the applicable statute of limitations. Plaintiff has known for at least seventeen years
11 that the IMDb webpage for Warrior listed the information he now wants removed, including the
13 Third, IMDb is shielded from liability under Section 230(c)(1) of the Communications
14 Decency Act. 47 U.S.C. § 230(c)(1). Per Plaintiff’s allegations, a third party (a “film distributor”)
15 is the one who posted Warrior on Amazon.com. (Compl. ¶ 7.) IMDb therefore has “full
16 immunity” for that content “regardless of the specific editing or selection process.” Carafano v.
17 Metrosplash.com, Inc., 339 F.3d 1119, 1124 (9th Cir. 2003) (affirming dismissal and holding
19 Fourth, Plaintiff’s allegations concerning IMDb’s response to his demand letters, should be
20 struck because such communications are protected by the litigation privilege. Cal. Civ. Code §
21 47(b). Blanchard v. DIRECTV, Inc., 123 Cal. App. 4th 903, 919 (2004) (explaining that the
22 litigation privilege “has been broadly applied to demand letters and other prelitigation
23 communications by attorneys”).
25 Courts use a two-step analysis to decide anti-SLAPP motions. Navellier v. Sletten, 29 Cal.
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28 jurisdiction. See Order Granting Defs.’ Mot. to Dismiss, id., ECF No. 30; Clarification of Order
Granting Defs.’ Mot. to Dismiss, id. (June 1, 2020), ECF No. 33.
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 First, the court assess whether the movant has made a prima facie showing that the suit
2 arises out of an act in furtherance of the right to petition or free speech. Protected activities
3 include:
3 California courts have consistently held that “public forums” include “Web sites that are
4 accessible free of charge to any member of the public where members of the public may read the
5 views and information posted, and post their own opinions[.]” Ampex Corp. v. Cargle, 128 Cal.
6 App. 4th 1569, 1576 (2005); see also ComputerXpress, Inc. v. Jackson, 93 Cal. App. 4th 993, 1007
7 (2001) (holding that website “where members of the public may read the views and information
8 posted, and post on the site their own opinions” was a public forum). Further, courts have held that
9 “public interest” should be construed broadly and covers “any issue in which the public is
10 interested.” Nygard, Inc. v. Uusi-Kerttula, 159 Cal. App. 4th 1027, 1042 (2008)
11 The anti-SLAPP statute applies in this case because Plaintiff seeks to both censor (remove
12 certain content from) and compel (add Plaintiff’s preferred content to) speech by IMDb in a public
13 forum on a matter of public interest. This action is nearly identical to Kronemyer v. Internet Movie
14 Database, Inc., 150 Cal. App. 4th 941 (2007), an earlier declaratory judgment case brought against
15 IMDb in which the court struck the complaint under the anti-SLAPP statute. In that case, the
16 plaintiff argued that he should be listed as an executive producer of two films and one television
17 show on IMDb.com and brought an action for declaratory relief, asking “the court to ‘require
19 150 Cal. App. 4th at 944. On IMDb’s motion to strike under the anti-SLAPP statute, the court held
20 that IMDb.com “constitutes a public forum,” and the action fell within Section 425.16(e)(3)-(4).
21 Id. at 950.
22 Similarly, the present suit arises from “the content of [IMDb’s] Web site,” and the listing of
23 information about a film on IMDb.com “is an act in furtherance of the right of free speech
24 protected under the anti-SLAPP statute.” Id. at 947. The relief requested by Plaintiff bears this
25 out: he seeks for the Court to compel IMDb to “change [] the date of the release of ‘Warrior’ to the
26 public from 2002 to 2020”; make “the correlative change of the heading in the listing of
27 ‘Warrior’”; and delete specified information from the Warrior profile. (Compl. Prayer.) Plaintiff’s
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 request here is no different than that of the plaintiff in Kronemyer, and the anti-SLAPP statute
3 Even absent the Kronemyer decision, however, IMDb meets its burden to make a prima
4 facie showing that this action falls within the scope of the anti-SLAPP statute. As a website
5 available free of charge to the public, IMDb.com is a public forum. See, e.g., Barrett v. Rosenthal,
6 40 Cal. 4th 33, 41 n.4 (2006) (“Web sites accessible to the public . . . are ‘public forums’ for
7 purposes of the anti-SLAPP statute.”); ComputerXpress, 93 Cal. App. 4th at 1007 (noting that
9 Hatch v. Superior Court, 80 Cal. App. 4th 170, 201 (2000)). Furthermore, the public interest prong
10 is satisfied here because “[f]acts concerning the creation of works of art and entertainment can
11 themselves be issues of public interest.” Serova v. Sony Music Entm’t, 44 Cal. App. 5th 103, 119
12 (2020).
14 which is presumed if the title has been released in cinemas; shown on television; released on video,
15 DVD, or the web; listed in the catalog of an established video retailer; accepted and shown at film
16 festivals; made by a now-famous artist or person of public interest; or made famous and is widely
17 talked about or reference in the media or film community or is now of general historic interest. See
19 “general public interest” because Plaintiff himself claimed that it was screened at the New York
20 International Independent Film and Video Festival in 2002. (Cairella Decl. at ¶¶ 7, 11.) This
21 festival was previously “the largest film festival in the world” and was “recognized by the film and
22 entertainment industry as one of the leading film events on the festival calendar.” See New York
24 https://www.laemmle.com/film/new-york-international-independent-film-and-video-festival. In
25 addition, IMDb.com has more than 200 million unique visitors each month, and it lists credits and
26 other information for more than 6.5 million film and television titles. (Cairella Decl. at ¶¶ 4–5; see
27 Damon v. Ocean Hills Journalism Club, 85 Cal. App. 4th 468, 478 (2000) (holding that a
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 2. IMDb’s Pre-Litigation Communications are Protected Activity
2 The anti-SLAPP statute also protects “any written or oral statement or writing made before
4 judicial body.” Cal. Civ. Proc. Code § 425.16(e)(1)–(2). This has been broadly construed to
5 protect pre-litigation communications, including demand letters. See Briggs v. Eden Council for
6 Hope & Opportunity, 19 Cal. 4th 1106, 1115 (1999); see also Malin v. Singer, 217 Cal. App. 4th
7 1283, 1294 (2013) (holding that demand letter is “protected speech or petitioning activity under the
8 anti-SLAPP statute”); Action Apartment Ass’n v. City of Santa Monica, 41 Cal. 4th 1232, 1241,
9 1251 (2007).
11 communications with IMDb and its counsel, including Plaintiff’s demand letter and IMDb’s
12 responses thereto. (See Compl. ¶¶ 12–13, 15.) Plaintiff acknowledges that he threatened to file
13 litigation if IMDb did not comply with his demand. (Id. at ¶ 13; see also Cairella Decl., Ex. F at 1
14 (demanding that IMDb change the release date for Warrior “immediately upon receipt of this email
15 correspondence so that I don’t have to pursue legal recourse”) (emphasis added).) Plaintiff further
16 complains that in-house counsel for IMDb’s parent company “failed to refute the legal and logical
17 reasoning of Plaintiff’s position that his movie ‘Warrior’ has never been released to the public” and
18 that “the year 2002 alongside of the title ‘Warrior’ in the heading of the listing on . . . IMDb.com []
19 should be deleted and replaced by the year 2019.” (Compl. at ¶ 13.) These allegations concern
20 protected statements made by IMDb in response to Plaintiff’s demand letters and related
21 communications. (Leong Decl., Ex. F at 1.) As such, Plaintiff’s allegations relying on these
24 Because IMDb has made a prima facie showing that this action arises out of its protected
25 speech or conduct, the burden shifts to Plaintiff to show a reasonable probability of prevailing on
26 his claim. To establish a probability of success on a claim, a plaintiff “must demonstrate that the
27 complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to
28 sustain a favorable judgment if the evidence submitted by the plaintiff is credited.” Jarrow
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 Formulas, Inc. v. LaMarche, 31 Cal. 4th 728, 746 (2003) (quoting Wilson v. Parker, Covert &
2 Chidester, 28 Cal. 4th 811 821 (2002)). A plaintiff cannot prevail if he “cannot establish an
3 element of its cause of action or [if] there is a complete defense to the cause of action[.]”
4 Peregrine Funding, Inc. v. Sheppard Mullin Richter & Hampton LLP, 133 Cal. App. 4th 658, 676
5 (2005). Here, Plaintiff cannot meet his burden for multiple, independent reasons.
7 Relief
8 The Complaint asserts a single request for declaratory relief. But as explained in IMDb’s
9 Demurrer, California law does not recognize a standalone claim for declaratory relief that is not
10 based on a valid underlying cause of action or substantive right. City of Cotati v. Cashman, 29 Cal.
11 4th 69, 80 (2002) (“A request for declaratory relief will not create a cause of action that otherwise
12 does not exist.”). (See also Demurrer at 4–6.) Plaintiff does not even attempt to identify an
14 Nor could he. IMDb does not owe Plaintiff any duty to change a film’s release date on
15 IMDb’s website at Plaintiff’s whim. See Kronemyer, 150 Cal. App. 4th at 951 (finding no basis to
16 conclude that IMDb had a duty to list plaintiff as a producer). IMDb expressly states on its website
17 that it “will not remove accurate information,” IMDb Help Center: I tried to delete data, but it still
18 appears on IMDb, IMDb, https://imdb.to/3dJwjOP, and it has the right to reject any edits which it
19 cannot verify, or which were “deemed to be incorrect by [IMDb’s] staff,” IMDb Help Center:
21 Here, all the relevant facts contradict Plaintiff’s inconsistent allegations that the film either
22 has not been released (Compl. at 1, ¶¶ 12–13, 15) or should be indicated as having been released in
23 2020 (id. at ¶ 15). Indeed, although it is not necessary to grant this anti-SLAPP motion, the facts
24 show that Warrior was released in 2002, as IMDb.com states. Plaintiff himself submitted
25 information to IMDb to support the fact that Warrior was released in 2002, when he informed
26 IMDb that Warrior was an official selection of the New York International Independent Film and
27 Video Festival in 2002. (Cairella Decl., Ex. A.) Per IMDb’s policy and practice, “the year in the
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 title is derived from the date of earliest release,” including “any festival release dates.” IMDb Help
3 Plaintiff also submitted reviews of Warrior on IMDb.com that indicated the film had been
4 released in 2002, and there are several independent reviews of the film which were written in 2002.
5 (Cairella Decl., Ex. B–C; Leong Decl., Ex. G–I.) One of these independent reviews was published
6 on October 16, 2002, with the writer suggesting to his readers to “check it out.” (Leong Decl., Ex.
7 H.) Although a different review (the TV Guide review) is undated, it includes a trailer for Mexican
8 Blow (the alternative name for Warrior), noting a release date of 2002. (Id., Ex. I.) What is more,
9 Plaintiff concedes that Warrior was previously released for sale by a “film distributor” named
10 “York Entertainment.” (Compl. ¶ 7.) Although Plaintiff now claims that York Entertainment
11 somehow “stole” Warrior from Plaintiff, that does not change the fact that Warrior has been
13 Additional facts also defeat Plaintiff’s assertion that Warrior has never been released to the
14 public. (Id. at 1.) Plaintiff previously sent IMDb correspondence asking it to change Warrior’s
15 release date to 2017 instead of 2020. (Cairella Decl., Ex. F.) When that failed, Plaintiff next
16 demanded in the Dismissed Federal Action that the court compel IMDb to change the release date
17 to 2019 or 2020. Compl. ¶ 20, Singman, No. 2:19-cv-10882-AB-E (Dec. 26, 2019), ECF No. 1.
18 Furthermore, Plaintiff maintained a website offering the Warrior DVD for sale to any member of
19 the public. And IMDb’s counsel was able to purchase Warrior in 2019 and in 2020 from two
20 different sources, demonstrating that the film is already and has long been available to the public.
23 Where the limitations period has run on an underlying cause of action, a request for
24 declaratory relief must be dismissed as well. Maguire v. Hibernia Sav. & Loan Soc., 23 Cal. 2d
25 719, 734 (1944) (explaining that if “the cause of action . . . is barred by the statute [of limitations],
27 As explained above, Plaintiff’s request for declaratory relief fails at the outset because he
28 has not pled any valid underlying cause of action. But even if he had tried to do so, the applicable
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 statute of limitations would necessarily bar this entire action. In fact, it is undisputed that Plaintiff
2 knew at least seventeen years ago that IMDb had listed all of the information he now complains of:
3 the 2002 release date for Warrior; the alternate titles of Mexican Blow and Voodoochilde, and the
4 distributor information listing York Entertainment. Back in January 2003, Plaintiff himself posted
5 reviews on the IMDb website shortly after Warrior was first uploaded with that information.
7 Because Plaintiff has identified neither a legally cognizable theory nor a statute from which
8 his request for declaratory relief arises, the Court should look to the California Code of Civil
9 Procedure for the applicable statute of limitations. Under California law—with limited exceptions
10 not applicable here—there is no statute of limitations long enough to cover Plaintiff’s purported
11 claim. See Cal. Civ. Proc. Code Pt. 2, T. 2, ch. 3. Indeed, Section 343 of the Code of Civil
12 Procedure provides that an action for which no specific limitations period has been prescribed
13 “must be commenced within four years after the cause of action shall have accrued.” Id. at § 343.
14 Assuming, arguendo, that Section 343 applies here, at least seventeen years had lapsed since the
15 purported claim accrued before Plaintiff filed the instant Complaint—well beyond the period
17 For these reasons, under any possible scenario or amendment to the Complaint, Plaintiff’s
21 provider which compiles its content from information provided by third parties. See IMDb Help
23 service provider, IMDb is immune from liability under the Communications Decency Act. See
24 Kimzey v. Yelp! Inc., 836 F.3d 1263, 1270 (9th Cir. 2016) (holding that rating system based on
25 inputs from third parties constituted user-generated data); Carafano, 339 F.3d at 1124 (holding that
26 interactive service provider is fully immune where third parties willingly provide content for
27 publication); Hassell v. Bird, 5 Cal. 5th 522, 541 (2018) (“[P]laintiffs seek to overrule [the]
28 decision to publish the three challenged reviews. Where, as here, an Internet intermediary’s
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Case No. 20SMCV00748
DEFENDANT’S SPECIAL MOTION TO STRIKE PURSUANT TO CAL. CIV. PROC. CODE § 425.16
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1 relevant conduct . . . goes no further than the mere act of publication—including a refusal to
2 depublish . . . —section 230 prohibits this kind of directive.”); Barrett, 40 Cal. 4th at 53 (holding
3 that Section 230 “broadly shield[s] all providers from liability for ‘publishing’ information
5 IV. CONCLUSION
6 Plaintiff has now twice filed a factually incorrect and legally meritless complaint that
7 improperly seeks to interfere with IMDb’s rights as a public forum for free speech. IMDb
8 respectfully requests that the Court strike the entire Complaint pursuant to Section 425.16 of the
9 California Code of Civil Procedure and award attorneys’ fees and costs under Sections 425.16(c)
10 and 3344. IMDb will provide support for its fees and costs in a subsequent motion. 5
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18 By:
Moez M. Kaba
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Attorneys for Defendant
20 IMDb.com, Inc.
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