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FERGUSON v. FRIENDFINDERS, INC.

No. A092653.

115 Cal.Rptr.2d 258 (2002)

94 Cal.App.4th 1255

Mark FERGUSON, Plaintiff and Appellant, v. FRIENDFINDERS, INC., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

As Modified January 14, 2002.

Review Denied April 10, 2002.

Attorney(s) appearing for the Case

Law Offices of John L. Fallat, John L. Fallat, Kentfield, Steven D. Schroeder, Athens, GA; Timothy J. Walton, San Jose, Attorneys for Appellant.

Rothken Law Firm, Ira P. Rothken, Corte Madera, Robert Kovsky, Oakland, Attorneys for Respondents.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins, Senior Assistant Attorney General, Seth E. Mermin, Deputy Attorney General, as Amici Curiae.

Carol A. Kunze, The Internet Alliance as Amicus Curiae.

Certified for Partial Publication.*

HAERLE, J.

I. INTRODUCTION

Mark Ferguson (Ferguson) sued respondents for violating California law by sending him unsolicited e-mail advertisements that were allegedly deceptive and misleading. The superior court sustained a demurrer without leave to amend with respect to each of Ferguson's causes of action. In reaching its decision, the lower court found that section 17538.4 of the...

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