Ferguson v. Friendfinder, Inc.

[NOTE: This case has been edited for classroom use by the omission of text. See this alternate source (PDF format) for the full opinion together with the pleadings and exhibits.]

Judge David A. Garcia

Defendants Friendfinder, Inc., Andrew Conru and Conru Interactive brought this demurrer for hearing on May 18, 2000, in Department 301 of the Superior Court in for [sic] the County of San Francisco, the Honorable David A. Garcia presiding. John Fallat appeared for Plaintiff, and Ira Rothken appeared for Defendants. After hearing oral arguments, the Court took the matter under submission.

After considering all the arguments, both written and oral, as well as exhibits submitted in their support, the court FINDS that California Business and Professions Code section 17538.4 unconstitutionally subjects interstate use of the Internet to inconsistent regulations, therefore violating the dormant Commerce Clause of the United States Constitution.

Therefore, Defendants' demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.