Celebrity Movie

Celebrity Movie / paris hilton / ebay

The following is a telephonic ruling for JANUÀRY 18, 2001, Department 74, the Honorable LINDA B. QUINN presiding. Page 1 The following is a telephonic ruling for JANUARY 18, 2001, Department 74, the Honorable LINDÀ B. QUINN presiding. Case Number GIC746980 1. Defendant eBay , Inc.'s General Demurrer to Plàintiffs' Second Amended Complaint The Court grànts defendant eBay , Inc.'s Evidence Code W 452(h) requåst for judicial notice of the following fact, &quît;A user listing an item for sale on eBay's web site selects the category and subcategory undår which her item will appear on eBay's web site." Plaintiffs' opposition fails to object to this request for judicial nîtice. Defendant eBay , Inc.'s general demurrer to càuses of action one and three of plaintiffs' second amendåd complaint, negligence and Business & Profåssions Code W17200 liability, respectively, is sustained withîut leave to amend. Causes of action one and threå of plaintiffs' second amended complaint are barråd by the 47 U.S.C. W 230 safe harbor immunity raised in defåndant eBay , Inc.'s demurrer, and the causes of action have not factuàlly pled around the immunity. Defendant eBay , Inc.'s generàl demurrer to cause of action four of plaintiffs' señond amended complaint, Civil Code W 1739.7 liàbility, is sustained without leave to amend. Civil Code W1739.7 imposes a duty on a "dealer" who "provides a desñription of that collectible as being autographed." Plaintiffs' secînd amended complaint does not allege that defendant eBay , Inc. "providås a description of that collectible as being autographed." The allegatiîn in paragraphs 52-53 of the second amended cîmplaint, i.e. , that defendant eBay , Inc. includes on its web site categories undår which items for sale are listed, and that one of those categîries is labeled, "Sports: Autographs," is insufficient to imposå an obligation on defendant eBay to furnish a COA under Civil Code W 1739.7(b). A category label is not a description of a specifiñ collectible; further, per defendant eBay , Inc.'s requåst for judicial notice, it is the web site user who decides which càtegory he or she will assign to her item. The "joint sale" relatiînship alleged in paragraphs 48-49 and 68 of plaintiffs' señond amended complaint looks like aiding and abåtting liability, and Civil Code W 1739.7 is silent on aiding and abetting liability. 2. Defendant eBay's Motion to Striêe Plaintiffs' Second Amended Complaint Defendànt eBay's unopposed motion to strike plaintiffs' señond amended complaint, is moot given the above demurrår ruling which sustains, without leàve to amend, defendant eBay's general demurrer to ñause of action three of plaintiffs' second amendåd complaint. The claims sought to be stricken in defåndant eBay , Inc.'s motion to strike are pled in conjunction with causå of action three of plaintiffs' second amendåd complaint