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CITY OF LANCASTER v. NETFLIX, INC.

No. B321481.

99 Cal.App.5th 1093 (2024)

CITY OF LANCASTER, Plaintiff and Appellant, v. NETFLIX, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Three.

February 22, 2024.

Attorney(s) appearing for the Case

Schneider Wallace Cottrell Konecky, Todd M. Schneider , Jason H. Kim ; Andrus Anderson, Jennie Lee Anderson ; Messing & Spector, Noah A. Messing and Phillip M. Spector for Plaintiff and Appellant.

Korein Tillery, Steven M. Berezney and Garrett R. Broshuis for City of Creve Coeur, Missouri, Gwinnett County, Georgia, City of Brookhaven, Georgia, and Unified Government of Athens-Clarke County, Georgia, as Amici Curiae on behalf of Plaintiff and Appellant.

Latham & Watkins, Jean A. Pawlow , Mary Rose Alexander , Peter E. Davis , Ward A. Penfold , Robert C. Collins III and Michael A. Hale for Defendant and Respondent Netflix, Inc.

Wilson Sonsini Goodrich & Rosati, Victor Jih , Conor Tucker , Eric Kohan and Christopher Hurley for Defendant and Respondent Hulu, LLC.

Kilpatrick Townsend & Stockton, Adam H. Charnes and Samuel Z. Hyams for DIRECTV, LLC, as Amicus Curiae on behalf of Defendants and Respondents.

Steptoe & Johnson, William Travis West, Robyn C. Crowther and Melanie A. Ayerh for DISH Network, LLC, and Sling TV LLC as Amici Curiae on behalf of Defendants and Respondents.

OPINION

INTRODUCTION

Plaintiff and appellant City of Lancaster (the City) challenges a judgment of dismissal entered after the trial court sustained demurrers to its first amended complaint without leave to amend. Defendants and respondents are Netflix, Inc. (Netflix), and Hulu, LLC (Hulu).

The City...

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