Cal Court of Appeal Affirms Dismissal of Spam Complaint Without Leave to Amend

Cal Court of Appeal Affirms Dismissal of Spam Complaint Without Leave to Amend

Yesterday, the California Court of Appeal (1st District) released its opinion In Dewitt v Footlocker (Cal Court of Appeal Case No A141847).  The court upheld the trial court’s sustaining demurrers to the complaint without leave to amend.  The trial court did not need to address preemption arguments raised by Defendant 1ink.com and the Court of Appeal also declined to do so.

The Internet Law Center represented defendant 1ink.com in both the trial court and appeal.  The opinion is below.

Briefing on the appeal is available here.

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