United States Ninth Circuit

Dismissal of plaintiff'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, is affirmed, where: 1) plaintiff 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 defendant; and 2) plaintiff failed to state a claim under California's Unfair Competition Law and failed to state a claim for intentional interference with prospective economic advantage.

Appellate Information

• Decided 04/01/2014
• Published 04/01/2014

Judges

• FARRIS

Court

• United States Ninth Circuit

Counsel