Rosolowski

Plaintiffs and appellants Greg Rosolowski et al. (collectively, Plaintiffs) appeal a judgment of dismissal following an order sustaining a demurrer interposed by defendant and respondent Guthy-Renker LLC (Guthy) to Rosolowski’s first amended complaint without leave to amend.

The advent of electronic mail, or e-mail, “has brought with it a flood of commercial advertising, some of it misleading, false, or deceptive, some even fraudulent, much of it unwanted. That in turn has given rise to federal and state legal initiatives intended to stem the flow of the unwanted, and especially the misleading, false, deceptive, and fraudulent e-mails, so-called anti-spam legislation.” (Beyond Systems, Inc. v. Kraft Foods, Inc. (2013) 972 F.Supp.2d 748, 751 .)

Here, the essential issue presented is whether Plaintiffs stated a cause of action for violation of Business and Professions Code section 17529.5, on the theory that Guthy sent them unsolicited commercial e-mail advertisements purporting to be from “Proactiv Special Offer,” “Wen Hair Care,” “Proactiv Special Bonus Deal,” “Wen Healthy Hair,” “Wen by Chaz Dean,” “Proactiv Bonus Deal,” “Proactiv Bonus Gift,” and “Proactiv: Special…