Schulz

Plaintiff Timothy W. Schulz, Jr., appeals from a judgment entered after the demurrer to his second amended complaint was sustained without leave to amend. He contends he sufficiently pleaded a cause of action for unfair competition under Business and Professions Code section 17200 et seq., specifically alleging that defendants Neovi Data Corporation, Ginix, Inc., PaySystems, Inc., and PayPal, Inc., aided and abetted the operation of an illegal lottery. We agree as to Ginix and PaySystems and reverse as to those defendants on that basis. We affirm the judgment in favor of PayPal and Neovi because the causes of action against them are not pleaded sufficiently.

*89 We remand to give plaintiff an opportunity to amend the complaint to allege facts required under the unfair competition law as amended by Proposition 64 as to the causes of action against Ginix and PaySystems.

FACTS AND PROCEDURAL HISTORY

On appeal from a judgment entered after a demurrer is sustained without leave to amend, we assume all facts properly pleaded in the complaint are true. (Construction Protection Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 193 [ 126 Cal.Rptr.2d 908 , 57 P.3d…