Michael Ewert v. Ebay, Inc.
Opinion
Opinion
MEMORANDUM
Plaintiffs, users of the online marketplace eBay.com, alleged claims for breach of contract and violation of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200, and False Advertising Law (“FAL”), id. § 17500, against defendant eBay, Inc. (“eBay”). Plaintiffs alleged that the delays between the time an eBay seller posts an item and the time that item’s, listing appears in search results constituted a breach of the User Agreement and violated the UCL and the FAL. They proposed as their theory of damages a “pro rata refund” of the fees sellers pay to list their items, prorated to the proportion of listing time lost to delay. Plaintiffs also alleged that eBay breached its User Agreement with sellers of renewable, “Good Til Cancelled” (“GTC”) listings by raising fees for existing listings.
Plaintiffs appeal the district court’s grant of summary judgment in favor of eBay on all claims arising from the alleged search delays. They also appeal the district court’s ruling granting eBay’s motion to dismiss the GTC listing claims under Federal Rule of Civil Procedure 12(b)(6) and denying plaintiffs’ request for leave to amend.