By Sharon Hill

SAN FRANCISCO — EBay today complained that Craigslist Inc. is trying to “push EBay out of the company but keep the $32 million that EBay paid” for its 28.4 percent share of the classified advertising giant.

In a response to yesterday’s ruling by California Superior Court Judge Richard Kramer, who ordered EBay and Craigslist Inc. to trial over claims of breach of contract and other issues, EBay attorney Michelle Fang said the company is disappointed with the decision, which was not a ruling on the merits of the case but just on whether a trial was necessary.

EBay had argued that a September ruling by Delaware Chancery Court judge William Chandler III effectively precluded Kramer from considering the case.

“EBay is disappointed with the Court’s decision that the judgment in Delaware has no preclusive effect on the California action,” Fang said in a statement. “This litigation is still in its early stages. In its decision … the Court did not address the actual merits of the case, and we remain confident that we will ultimately prevail.

“After failing in Delaware, Craigslist wants to push eBay out of the company, but keep the $32 million that eBay paid for its investment. The evidence will show that Craigslist’s claims are without merit and that Craigslist breached its contracts with eBay.”

EBay would not make Fang available for an interview.

The lawsuit, filed by Craigslist Inc. before the Delaware action, was put on hold while the Delaware case was decided. The California case charges that EBay, Craigslist’s only outside shareholder, committed breach of contract, breach of fiduciary duty, negligent misrepresentation and violation of California securities laws.

While EBay argued that the California claims were covered by the Delaware judge’s ruling, judge Chandler made clear that he was only ruling on Delaware issues. “I make no legal conclusion as to whether eBay is liable for unfair competition, misappropriation of trade secrets, trademark infringement, or the like. Craigslist has filed suit against EBay in California asserting such claims, and I leave it to the California judiciary to resolve them,” Chandler wrote in his ruling.

Rather than recap it, here’s a link to our extensive coverage of the ruling posted last night.

Next steps? Either EBay files its appeal or an appellate request for delay, or both sides will attend a case management conference scheduled in San Francisco on Sept. 15.