Sotelo v. Directrevenue, LLC

384 F. Supp. 2d 1219 (2005)

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Nature of the Case

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Facts

P filed a five-count putative class action complaint against Ds. P alleged that Ds without his consent, caused Spyware to be downloaded onto his personal computer. Plaintiff alleges that Spyware tracked P's Internet use, invaded his privacy, and caused substantial damage to his computer. Count I asserts a claim for trespass to personal property/chattels against all Ds. Ds argue in three separate motions to dismiss that Count I fails to state a claim upon which relief may be granted because P fails to plead causation and damages as required to state a trespass to personal property claim.