setting forth standard of review and explaining that leave to amend may be denied when amendment would be futile
How later courts described this case
- setting forth standard of review and explaining that leave to amend may be denied when amendment would be futile
- 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” (citation and internal quotation marks omitted)
- explaining that “the district court’s discretion to deny leave to amend is particularly broad where plaintiff has previously amended the complaint” (citation and internal quotation marks omitted)
- setting forth standard of review and bases for reconsideration
Written by the judges who cited it.
The opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 27 2025
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAVID ANGEL SIFUENTES III, No. 23-3839
D.C. No. 3:22-cv-03102-JCS
Plaintiff - Appellant,
v.
MEMORANDUM*
GOOGLE LLC,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of California
Joseph C. Spero, Magistrate Judge, Presiding**
Submitted June 18, 2025***
Before: CANBY, S.R. THOMAS, and SUNG, Circuit Judges.
David Angel Sifuentes III appeals pro se from the district court’s judgment
dismissing his action arising from a charge on his cellular telephone bill. We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The parties consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal
Rule of Civil Procedure 12(b)(6). Prodanova v. H.C. Wainwright & Co., LLC, 993
F.3d 1097, 1105 (9th Cir. 2021). We affirm.
The district court properly dismissed Sifuentes’s action because Sifuentes
failed to allege facts sufficient to state any plausible claim. See 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” (citation and internal quotation marks omitted)); see also 47 C.F.R.
§ 64.2401 (explaining the Truth-in-Billing rules).
The district court did not abuse its discretion by denying further leave to
amend because amendment would have been futile. See Cervantes v. Countrywide
Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of
review and explaining that leave to amend may be denied when amendment would
be futile); Metzler Inv. GMBH v. Corinthian Colls., Inc., 540 F.3d 1049, 1072 (9th
Cir. 2008) (explaining that “the district court’s discretion to deny leave to amend is
particularly broad where plaintiff has previously amended the complaint” (citation
and internal quotation marks omitted)).
The district court did not abuse its discretion by denying Sifuentes’s motion
2 23-3839
for reconsideration because Sifuentes failed to set forth any basis for relief. See
Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63
(9th Cir. 1993) (setting forth standard of review and bases for reconsideration).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions and requests are denied.
AFFIRMED.
3 23-3839