Due to Matchmaker's initial refusal to remove the profile after they had been made aware of its existence, Masterson sued the company in California state court on the grounds of defamation of character, misappropriation of the right of publicity, invasion of privacy and negligence. The defendants removed the case to federal district court and brought a motion for summary judgment. The district court judge not only rejected the claim for the service provider immunity under the CDA, but Masterson's claims sounding in tort were also thrown out by the court as the service provider had not acted in any willful manner against Masterson and the court found that no duty of care existed between the service provider and Masterson. See "Carafano v. Metrosplash.com Inc.", 207 F. Supp. 2d 1055 (C.D. Cal. 2002).