Zinnemann

ForSaleByOwner. Com Corp. v. Zinnemann

Good Law
347 F. Supp. 2d 868·2004 WL 2806424·2004 U.S. Dist. LEXIS 23897
United States District Court, Eastern District of CaliforniaNovember 18, 2004CIV. S 03-1019MCEGGHCalifornia5,170 words

Opinion

Opinion

England, J.

MEMORANDUM AND ORDER

In bringing the present action, Plaintiff ForSaleByOwner.com (hereinafter “FSBO”) challenges the State of California’s real estate licensing requirements, as codified in California Business and Professions Code §§ 10000 et seq., on constitutional grounds. Specifically, FSBO seeks judicial determination that those licensing requirements, as enforced by Defendants Paula Reddish Zinnemann, Commissioner of the California Department of Real Estate, and Defendant Bill Lockyer, Attorney General of the State of California (hereinafter “Defendants”) violates its rights under the First Amendment of the United States Constitution.

Presently before the Court are cross-motions for summary judgment filed both on behalf of FSBO and on behalf of the Defendants. For the reasons set forth below, summary judgment in favor of FSBO is granted.

BACKGROUND

FSBO publishes an internet website that advertises properties for sale, including properties for sale in California. The FSBO site charges a flat fee to property owners who wish to advertise and sell their homes without incurring the substantial cost typically incurred by retaining a real estate agent. That fee varies…

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