Gentry

Lars Gentry, Henry Camp, Mike Hyder, James Conboy, William Pommerening, and Michael Osacky (appellants) appeal a judgment of dismissal entered after the trial court sustained eBay, Inc.’s (eBay) demurrer to appellants’ second amended complaint without leave to amend. In that pleading, appellants alleged eBay violated California’s “Autographed Sports Memorabilia” statute (Civ. Code, § 1739.7) by failing to furnish a certificate of authenticity to persons who purchased autographed sports-related collectibles through its Web site. Appellants also alleged eBay was negligent and engaged in unfair business practices under the unfair competition law (UCL) (Bus. and Prof. Code, § 17200 et seq.) based on its failure to supply such certificates as well as its acts in distributing false certificates, permitting other false representations to be placed on its Web site, and making its own false or misleading representations. In part, the trial court ruled eBay was not a dealer within the meaning of Civil Code section 1739.7 and appellants failed to plead around the statutory immunity provided by section 230 of title 47 of the United States Code (hereinafter section 230), which…