09-13-2005, 07:55 PM
link to lawyers and background on case: http://www.fazmiclaw.com/eBay.html
copy of the Third Amended Complaint filed on July 25, 2005 in California Superior Court, County of Santa Clara: http://www.fazmiclaw.com/TAC.pdf
latest court developments:
copy of the Third Amended Complaint filed on July 25, 2005 in California Superior Court, County of Santa Clara: http://www.fazmiclaw.com/TAC.pdf
latest court developments:
Quote:NEW DEVELOPMENTS: On July 5, 2005, the Honorable Mary Jo Levinger conducted a hearing of
yet another attempt by eBay to avoid liability for the fraudulent billing and other violations of the law
alleged in the Second Amended Complaint Plaintiffs filed in this case. Each challenge was purely
technical, and each sought to preclude Sellers from enforcing their rights under the law.
More specifically, eBay sought to dismiss Plaintiffs' claim that Sellers are entitled to notice and a full
and fair opportunity to be heard before eBay may terminate, suspend, or place a "hold" on Sellers'
auction accounts. eBay also sought to dismiss Plaintiffs' claim that eBay has unlawfully recorded the
credit card numbers of Sellers, even though they elected to pay for eBay's services by check,
direct-deposit, or other forms of payment that did not involve a credit card. Finally, eBay sought to
prevent the case from moving forward as a class action, claiming (once again) that Sellers' claims are
too different from one another to be adjudicated together as a class action.
The Court rejected each of eBay's arguments, except one: That Plaintiffs had to amend their Complaint
to make clear that Sellers who no longer had an eBay auction account were not included in Plaintiffs'
claim that they are entitled to fair procedures before their accounts were terminated. Plaintiffs have
amended their complaint accordingly. (Click here for a copy of the Third Amended Complaint.)
eBay has responded with an Answer to the Complaint, and has asserted 28 affirmative defenses --
without facts to support them. Plaintiffs have asked the Court to dismiss all but one of eBay's affirmative
defenses, and that matter will be heard on September 20, 2005.
The case is no proceeding to the discovery phase, and both sides are collecting information for
purposes of the upcoming motion to certify the case as a class action and, if that motion is granted, for
trial.