Bruce H. Singman v. NBA PROPERTIES, INC., Erroneously Sued As National Basketball Association…

14-55156Court of Appeals for the Ninth CircuitAug 4, 2016

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRUCE H. SINGMAN,
Plaintiff - Appellant,
v.
NBA PROPERTIES, INC., Erroneously
Sued As National Basketball Association
Properties, Inc.,
Defendant - Appellee.
No. 14-55156
D.C. No. 2:13-cv-05675-ABC-SH
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Bruce H. Singman, an attorney, appeals pro se from the district court’s
judgment dismissing his diversity action alleging state law claims arising from
attempts to negotiate an agreement. We have jurisdiction under 28 U.S.C. § 1291.
FILED
AUG 04 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6).
Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010). We affirm.
The district court properly dismissed Singman’s intentional interference with
prospective economic advantage claim because Singman failed to allege facts
sufficient to state a plausible claim, including “that the defendant’s conduct was
wrongful by some legal measure other than the fact of interference itself.” Korea
Supply Co. v. Lockheed Martin Corp., 63 P.3d 937, 950 (Cal. 2003) (citation and
internal quotation marks omitted) (elements of a intentional interference with
prospective economic advantage claim in California); see also Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) (to avoid dismissal, “a complaint must contain sufficient
factual matter, accepted as true, to state a claim to relief that is plausible on its
face” (citations and internal quotation marks omitted)).
AFFIRMED.
14-55156 2

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