# Sifuentes v. Google LLC

> Court of Appeals for the Ninth Circuit · June 27, 2025

URL: https://www.frixlaw.com/law-library/cases/11085228

## Case

- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 27, 2025
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11085228

## How later opinions describe it (automated extraction)

- 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)

## Opinion text

NOT FOR PUBLICATION FILED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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11085228. Public record. Not legal advice.