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GENTRY v. EBAY, INC.

No. D037661.

121 Cal.Rptr.2d 703 (2002)

99 Cal.App.4th 816

Lars GENTRY et al., Plaintiffs and Appellants, v. EBAY, INC., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

Review Denied October 16, 2002.

Attorney(s) appearing for the Case

Krause & Kalfayan, James C. Krause, Patrick N. Keegan, San Diego, for Plaintiffs and Appellants.

Cooley Godward, Michael G. Rhodes, Christopher R.J. Pace, Andrea S. Hoffman, San Diego, for Defendant and Respondent.

Wilmer Cutler & Pickering, Patrick J. Carome, Susan P. Crawford, Samir Jain, C.Colin Rushing for America Online, Inc. as Amicus Curiae on behalf of Defendant and Respondent.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Hershel T. Elkins, Assistant Attorney General, Ronald A. Reiter, Judith A. Fiorentini, Seth E. Mermin, Deputy Attorneys General for the Attorney General of California as Amicus Curiae.

O'ROURKE, J.

Lars Gentry, Henry Camp, Mike Hyder, James Conboy, William Pommerening, and Michael Osacky (appellants) appeal a judgment of dismissal entered after the trial court sustained eBay, Inc.'s (eBay) demurrer to appellants' second amended complaint without leave to amend. In that pleading, appellants alleged eBay violated California's Autographed Sports Memorabilia statute (Civ.Code, § 1739.7) by failing to furnish a certificate of authenticity to persons...

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