Block v. Ebay, Inc., No. 12-16527 (9th Cir. 2014)
Annotate this CasePlaintiff appealed the dismissal of his putative class action alleging that ebay.com's Automatic Bidding system breached two provisions of eBay's User Agreement, violated California's Unfair Competition Law (UCL), Cal. Bus. Prof. Code 17204, and constituted intentional interference with prospective economic advantage. The court concluded that the district court properly dismissed plaintiff's claim for breach of contract where the two provisions at issue in the User Agreement did not constitute an enforceable promise by eBay. The court also concluded that plaintiff failed to state a claim under the UCL where, even if the User Agreement had represented that eBay would directly transmit bids to sellers, plaintiff has not plausibly alleged that he relied on this representation. Moreover, since a reasonable person in plaintiff's position could not have relied on such a representation, it would not have been material. Finally, the court concluded that plaintiff failed to set forth a claim for intentional interference with prospective economic advantage. Accordingly, the court affirmed the judgment of the district court.
Court Description: California Law. The panel affirmed the district court’s Fed. R. Civ. P. 12(b)(6) dismissal of Marshall Block’s diversity putative class action, alleging that ebay.com’s Automatic Bidding system breached two provisions of eBay’s User Agreement in violation of California law. The panel held that Block failed to state a claim for breach of contract because under California law the two challenged provisions in the User Agreement did not constitute enforceable promises by eBay. The panel also held that Block failed to state a claim under California’s Unfair Competition Law and failed to state a claim for intentional interference with prospective economic advantage.
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