Rosado
Rosado v. Ebay Inc.
Opinion
Lead Opinion
Davila, J.
[Re: Docket Item No. 62]
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
In this putative class action, Defendant eBay Inc. (“eBay” or “Defendant”) moves to dismiss the Second Amended Class Action Complaint (“SAC”) filed by Plaintiff Luis Rosado (“Rosado” or “Plaintiff’). See Docket Item No. 62. Per Civ. L.R. 7-1(b), the motion was taken under submission without oral argument. Having fully reviewed the parties’ papers, the Court denies eBay’s motion to dismiss.
I. BACKGROUND
Plaintiff is a citizen and resident of Florida who began using eBay as a seller in May of 2005. See Docket Item No. 59 ¶ 9. eBay is a Delaware corporation with its *1260 principle place of business in San Jose, California. eBay operates as an online auction and classified advertisement website serving more than 100 million active users worldwide. eBay Motors is a specialty site on www.eBay.com that allows users to buy and sell vehicles and vehicle-related merchandise online. Id. ¶¶ 10-15.
In order to list items for sale on eBay Motors, sellers must accept eBay’s “User Agreement.” Id. ¶ 16. The User Agreement and Fee Schedules are the operative contractual documents for determining the manner and method of…