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GRACE v. EBAY INC.

No. B168765.

16 Cal.Rptr.3d 192 (2004)

Roger M. GRACE, Plaintiff and Appellant, v. eBAY INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

Review Granted October 13, 2004.

Review Dismissed and Cause Remanded December 1, 2004.

Attorney(s) appearing for the Case

Roger M. Grace, in pro. per., and Lisa Grace-Kellogg, Los Angeles, for Plaintiff and Appellant.

Cooley Godward, Michael G. Rhodes and Andrea S. Bitar, San Diego, for Defendant and Respondent.

Samir Jain, Washington, DC, for Amazon.com, Inc., America Online, Inc., Google Inc. and Yahoo! Inc. as Amici Curiae on behalf of Respondent.

CROSKEY, Acting P.J.

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, §§ 501, 509 (Feb. 8, 1996) 110 Stat. 133, 137),1 immunizes eBay against liability for libel and violation of the unfair competition...

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