Pernell Jeffrey Long v. Alphabet Inc., et al.

• Court: District Court, N.D. California
• Decided: March 20, 2026
• Docket: 3:25-cv-09760
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PERNELL JEFFREY LONG, Case No. 25-cv-09760-WHO

8 Plaintiff, ORDER REGARDING PENDING 9 v. MOTIONS

10 ALPHABET INC., et al., Defendants. 11

12 Specially appearing defendants have motions to dismiss the Complaint and to compel 13 arbitration, both set to be argued on March 25, 2026. Having reviewed both motions and the 14 oppositions filed by plaintiff, I am inclined to rule on the motion to compel prior to ruling on the 15 motion to dismiss.1 16 With respect to the motion to compel, specially appearing defendants present evidence of 17 what someone signing up for a Google Ads account would see currently. See Declaration of 18 Armete Mobin [Dkt. No. 15-4], ¶¶ 2-4 & Ex. A (“current account-creation webpage”). Plaintiff 19 signed up for his Google Ads account on September 1, 2021. See Motion to Dismiss [Dkt. No. 20 16] at 11. Defendants bear the burden on their motion to compel to provide evidence of how the 21 account-creation website page looked at the time plaintiff signed up, not what someone might see 22 today. See Godun v. JustAnswer LLC, 135 F.4th 699, 709-710 (9th Cir. 2025) (identifying “visual 23 conspicuousness” factors necessary to demonstrate inquiry notice). 24 The hearing on March 25, 2026 is reset to April 15, 2026 at 2:00 p.m. by 25 videoconference. If defendants wish to proceed with the motion to compel, they shall submit a 26

27 1 My tentative ruling on the motion to dismiss is that a number of the claims would be dismissed ] declaration and exhibits by April 3, 2026, that demonstrate how the account-creation webpage 2 || appeared on September 1, 2021. If defendants do not wish to proceed with the motion to compel, 3 || they may file a notice of withdrawal on the docket and I will consider only the motion to dismiss 4 |} on April 15, 2026. If defendants file a declaration and exhibits in further support of their motion 5 || to compel, plaintiff may file a response — not to exceed three pages — by April 10, 2026. 6 IT IS SO ORDERED. 7 Dated: March 20, 2026

9 ® illiam H. Orrick 10 United States District Judge 1] a 12 13 14

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