Motion to Compel Further Responses to Special Interrogs
The renewed Motion to Compel Production of Business Records filed by Plaintiff Lidya Buenrostro is GRANTED IN PART, as to the subpoena to Cox for ¶¶ 2 and 3 therein.
A plaintiff seeking compulsory disclosure of an allegedly libelous speaker’s identity from an internet service provider must state a legally sufficient cause of action against the defendant, and make a prima facie showing of the elements of that cause of action, based on evidence that would support a ruling in the plaintiff’s favor if no controverting evidence is presented. (ZL Technologies, Inc. v. Does 1-7 (2017) 13 Cal.App.5th 603, 613; see also Yelp Inc. v. Superior Court of Orange County (2017) 17 Cal.App.5th 1, at *13-14.) The statements at issue must also be identified with specificity. (ZL Technologies, supra, 13 Cal.App.5th at 616.)
These standards have been met for the “lovelyprostitoot” Instagram account, and for the “boediddley” Instagram account. For the former, Plaintiff identified an email of “email@example.com” with an IP address of “2600:8802:703:2900:a9fe:c407:30a6:32a”, registered to Cox. (Khojasteh Decl. Ex. C at pp. 2, 4.) For the latter, Plaintiff identified an address of 22.214.171.124. Plaintiff has thus presented sufficient evidence to support the Cox subpoena at ¶¶ 2 and 3.
Plaintiff filed a Notice of Ruling on 4/20/18, giving Cox notice of the Court’s direction to inform the potentially affected parties accordingly. None have submitted any response of any kind.
The Motion is therefore GRANTED as to the subpoena to Cox for ¶¶ 2 and 3 therein.
The motion as to the balance of the Cox subpoena, and as to the AT&T subpoena, is denied, without prejudice.
Plaintiff is to give notice of this ruling, and is to submit a proposed order which comports with this ruling.