United States Ninth Circuit

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Block v. Ebay, Inc., 12-16527

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