1 Patrick J.

Caro me (pro hac vice application pending) E-FILED

Ari Holtzblatt (pro hac vice application pending) 3/8/2018 4:14 PM
2 WILMER CUTLER PICKERING FRESNO COUNTY SUPERIOR COURT
HALE AND DORR LLP
3 By: C. Cogburn, Deputy
1875 Pennsylvania Ave, NW
4 Washington, DC 20006
Telephone: (202) 663-6000
5 Facsimile: (202) 663-6363
patrick.carome@wilmerhale.com
6
Thomas G. Sprankling (SBN 294831)
7 WILMER CUTLER PICKERING

8 HALE AND DORR LLP

950 Page Mill Road
9 Palo Alto, CA 94304
Telephone: (650) 858-6000
10 thomas.sprankling@wilmerhale.com

1l Robert D. Wilkinson (SBN 100478)

BAKER, MANOCK & JENSEN
12
5260 North Palm A venue, Fourth Floor
13 Fresno, California 93704
Telephone: (559) 432.5400
14 rwilkinson@bakermanock.com
15 Attorneys for Defendant

16

17
SUPERIOR COURT OF THE STATE OF CALIFORNIA
18
COUNTY OF FRESNO
19

20
CHARLES JOHNSON, CASE No. 18CECG00078
21
Plaintiff, DEMURRER TO COMPLAINT
22
V. Judge: Hon. Kimberly Gaab
23 Date: April 5, 2018
TWITTER, INC., Time: 3:30
24 Dept.: 503
Defendant.
25 Action Filed: January 8, 2018
Trial Date: Not yet set
26

27

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2118176vl /20979.0001
DEMURRER TO COMPLAINT
 1 Demurrer

2 Defendant Twitter, Inc. demurs to the Complaint filed by Plaintiff Charles Johnson on

3 January 8, 2018 in the above-captioned civil action, on each of the following grounds. The basis

4 for this Demurrer is more particularly set forth in the Memorandum of Points and Authorities filed

5 and served concurrently herewith.

7 Demurrer to the First Cause of Action:

8 1. The First Cause of Action fails to state facts sufficient to constitute a valid cause of

9 action. (C.C.P. § 430.lO(e).)

10 2. The First Cause of Action is barred by the First Amendment to the United States

11 Constitution.

12 3. The First Cause of Action is barred by the federal Communications Decency Act.

13

14 Demurrer to the Second Cause of Action:

15 1. The Second Cause of Action fails to state facts sufficient to constitute a valid cause

16 of action. (C.C.P. § 430.l0(e).)

17 2. The Second Cause of Action is barred by the First Amendment to the United States

18 Constitution.

19 3. The Second Cause of Action is barred by the federal Communications Decency

20 Act.

21

22 Demurrer to the Third Cause of Action:

23 1. The Third Cause of Action fails to state facts sufficient to constitute a valid cause

24 of action. (C.C.P. § 430.l0(e).)

25 2. The Third Cause of Action is barred by the First Amendment to the United States

26 Constitution.

27 3. The Third Cause of Action is barred by the federal Communications Decency Act.

28

2118176vl / 20979.0001 2
DEMURRER TO COMPLAINT
 1 Demurrer to the Fourth Cause of Action:

2 1. The Fourth Cause of Action fails to state facts sufficient to constitute a valid cause

3 of action. (C.C.P. § 430.l0(e).)

4 2. The Fourth Cause of Action is barred by the First Amendment to the United States

5 Constitution.

6 3. The Fourth Cause of Action is barred by the federal Communications Decency Act.

8 Demurrer to the Fifth Cause of Action:

9 1. The Fifth Cause of Action fails to state facts sufficient to constitute a valid cause of

10 action. (C.C.P. § 430.l0(e).)

11 2. The Fifth Cause of Action is barred by the First Amendment to the United States

12 Constitution.

13 3. The Fifth Cause of Action is barred by the federal Communications Decency Act.

14

15 Demurrer to the Sixth Cause of Action:

16 1. The Sixth Cause of Action fails to state facts sufficient to constitute a valid cause of

17 action. (C.C.P. § 430. lO(e).)

18 2. The Sixth Cause of Action is barred by the First Amendment to the United States

19 Constitution.

20 3. The Sixth Cause of Action is barred by the federal Communications Decency Act.

21

22 Demurrer to the Seventh Cause of Action:

23 1. The Seventh Cause of Action fails to state facts sufficient to constitute a valid

24 cause of action. (C.C.P. § 430.l0(e).)

25 2. The Seventh Cause of Action is barred by the First Amendment to the United

26 States Constitution.

27 3. The Seventh Cause of Action is barred by the federal Communications Decency

28 Act.

2118176vl /20979.0001
3
DEMURRER TO COMPLAINT
 1

2 Demurrer to the Eighth Cause of Action:

3 1. The Eighth Cause of Action fails to state facts sufficient to constitute a valid cause

4 of action. (C.C.P. § 430.I0(e).)

5 2. The Eighth Cause of Action is barred by the First Amendment to the United States

6 Constitution.

7 3. The Eighth Cause of Action is barred by the federal Communications Decency Act.

9 Demurrer to the Ninth Cause of Action:

10 1. The Ninth Cause of Action fails to state facts sufficient to constitute a valid cause

11 of action. (C.C.P. § 430.IO(e).)

12 2. The Ninth Cause of Action is barred by the First Amendment to the United States

13 Constitution.

14 3. The Ninth Cause of Action is barred by the federal Communications Decency Act.

15

16 WHEREFORE, Defendant prays that these demurrers be sustained without leave to amend,

17 that Plaintiff take nothing by his Complaint, that Defendant have judgment for its costs, and for

18 such other relief as this Court deems just and proper.

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2118176vl /20979.0001 4
DEMURRER TO COMPLAINT
 1 DATED: March 8, 2018 Respectfully submitted,

3
By: s/ Thomas G. Sprauk ling
4
Patrick J. Carome (pro hac vice application pending)
5 Ari Holtzblatt (pro hac vice application pending)
WILMER CUTLER PICKERING
6 HALE AND DORR LLP
1875 Pennsylvania Ave, NW
7
Washington, DC 20006
8 Telephone: (202) 663-6000
Facsimile: (202) 663-6363
9 patrick.carome@wilmerhale.com

10 Thomas G. Sprankling (SBN 294831)

WILMER CUTLER PICKERING
11
HALE AND DORR LLP
12 950 Page Mill Road
Palo Alto, CA 94304
13 Telephone: (650) 858-6000
thomas.sprankling@wilmerhale.com
14
Robert D. Wilkinson (SBN 100478)
15 BAKER, MANOCK & JENSEN
16 5260 North Palm A venue, Fourth Floor
Fresno, California 93 704
17 Telephone: (559) 432.5400
rwilkinson@bakermanock.com
18
Attorneys for Defendant
19

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2118176vl /20979.0001 5
DEMURRER TO COMPLAINT