Block v. Ebay, Inc., No. 12-16527 (9th Cir. 2014)Annotate this Case
Plaintiff 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.