Mireille Carrier v. Valueclick Inc et al, No. 2:2007cv02641 - Document 31 (C.D. Cal. 2007)

Court Description: ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND DENYING DEFENDANTS' MOTION TO STRIKE by Judge Florence-Marie Cooper: re MOTION to Dismiss 12 , MOTION to Strike 13 . This matter is before the Court on Defendants Value Click, Inc., Commission Junction, Inc., and Be Frees Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (docket no. 12), and Defendants Motion to Strike Requests for Certain Relief (docket no. 13), filed on June 13, 2007. The Court has read and considered the moving, opposition, and reply documents submitted in connection with both motions. The Court deems the matters appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for August 27, 2007, is removed from the Courts calendar. For the reasons and in the manner set forth below, the Court hereby GRANTS IN PART AND DENIES IN PART Defendants' Motion to Dismiss and DENIES Defendants' Motion to Strike. The Court hereby dismisses Plaintiff's claims for negligence without prejudice. Plaintiff is granted twenty days leave to amend its Complaint in conformity with this Order. Failure to do so will result in Plaintiff's waiver of the right to reinstate any of the claims dismissed without prejudice herein. If Plaintiff does not amend, Defendants must answer the Complaint no later than twenty days after the expiration of Plaintiffs deadline to amend.(ama)