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Ewert v. eBay, Inc.

2008 WL 906162 (2008)

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Ewert v. eBay, Inc.

United States District Court for the Northern District of California
2008 WL 906162 (2008)

  • Written by Heather Whittemore, JD

Facts

EBay, Inc. (defendant) hosted an online auction platform that allowed sellers to initiate an auction for a specified amount of time after they submitted a listing. When the specified time elapsed, the seller’s auction ended, and eBay’s system would automatically accept the highest bid. In January 2007 Michael Ewert (plaintiff) attempted to initiate two auctions with five-day durations. Months later, Ewert filed a lawsuit against eBay in federal district court, alleging that the two auctions did not begin immediately after he submitted the listings and that the auctions did not last for five days. Ewert brought several claims against eBay, including one claim under the California Auction Act. The California Auction Act was enacted to protect consumers from deceptive acts committed by auctioneers and auction houses. The California Auction Act defined an auction as an event at which an auctioneer accepts the highest offer. EBay filed a motion to dismiss Ewert’s claim under the California Auction Act, arguing that the act did not apply to its actions because it did not conduct auctions as defined by the act.

Rule of Law

Issue

Holding and Reasoning (Whyte, J.)

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