Grace v. eBay 7/22/04 CA2/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B168765A

Case Date: 07/22/2004

Preview:Filed 7/22/04 (Opn on rehearing)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE ROGER M. GRACE, Plaintiff and Appellant, v. EBAY INC., Defendant and Respondent. B168765 (Los Angeles County Super. Ct. No. BS288836)

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas L. Willhite, Jr., Judge. Affirmed. Roger M. Grace, in pro. per., and Lisa Grace-Kellogg for Plaintiff and Appellant. Cooley Godward, Michael G. Rhodes and Andrea S. Bitar for Defendant and Respondent. Samir Jain for Amazon.com, Inc., America Online, Inc., Google Inc. and Yahoo! Inc. as Amici Curiae on behalf of Respondent.

Roger M. Grace appeals a judgment of dismissal after the court sustained a demurrer to his complaint against eBay Inc. (eBay). The superior court concluded that title 47 United States Code section 230 (section 230), part of the Communications Decency Act of 1996 (Pub.L. No. 104-104,

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