# Benjamin Woodhouse v. The United States Government

> District Court, C.D. California · May 2, 2022

URL: https://www.frixlaw.com/law-library/cases/9979772

## Case

- **Court:** District Court, C.D. California
- **Decided:** May 2, 2022
- **Opinion:** 100trialcourt
- **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/9979772

## Opinion text

Case 2:22-cv-00285-CAS Document 75 Filed 05/02/22 Pagelof9 Page ID #:1378
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL ‘O’
Case No. 2:22-cv-00285-CAS Date May 2, 2022
Title Benjamin Woodhouse v. The United States Government et al

Present: The Honorable CHRISTINA A. SNYDER
Catherine Jeang Not Present N/A
Deputy Clerk Court Reporter / Recorder Tape No.
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Not Present Not Present
Proceedings: (IN CHAMBERS) - DEFENDANT ALPHABET INC.’S MOTION
TO DISMISS (DKT. 64, FILED ON MARCH 22, 2022)
I. INTRODUCTION
The Court finds that Alphabet Inc.’s motion to dismiss is appropriate for decision
without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L-R. 7-15. Accordingly, the
matter is hereby taken under submission.
On January 13, 2022, Benjamin Woodhouse, representing himself, and Havensight
Capital L.L.C. (collectively, “plaintiff’) filed this action against defendants the United
States Government, the Hon. Stanley Blumenfeld Jr., the Hon. R. Gary Klausner, the
Hon. Fernando M. Olguin, the Hon. Manuel L. Real, now deceased, the Hon. Otis D.
Wright II, Daniel Beck, Tracy Wilkison, David Harris, Joanne Osinoff, and the Hon.
Philip S. Gutierrez (collectively, “defendants”). Dkt. 1 (“Compl.”). Plaintiff brought his
complaint against defendants for their actions “as [] governmental officialls],”
complaining that that defendants “engag|ed] in alleged obstruction, cit{ed] to criminal
conduct, in a defective Minutes Order, |] allegedly interfere|ed| with Judge Klaus[ner],
who is also a named Defendant, |] obstruct[ed] due process[,] and tr[1ed] to abrogate the
right to file a Complaint against the U.S. Government.” Id. at 3. Plaintiff's initial
complaint alleged the following claims for relief: (1) “obstruction and due process
violations:” (2) “fraud and collusion;” and (3) “intentional interference with prospective
business and economic relations.” Id. at 17-33. Plaintiffs initial complaint requested
that the Court “dissolve” Gibson Dunn Inc., Meta Verse Inc., Nike Inc., and Alphabet
Inc., and “award [| $3 Trillion in compensatory and punitive damages to the Plaintiff,
against each of” those corporate entities. Id. at 33.

CV-549 (01/18) CIVIL MINUTES - GENERAL Page 1 of 9

Case 2:22-cv-00285-CAS Document 75 Filed 05/02/22 Page2of9 Page ID #:1379
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL ‘O’
Case No. 2:22-cv-00285-CAS Date May 2, 2022
Title Benjamin Woodhouse v. The United States Government et al

Plaintiff, appearing as himself or his alter ego, Havensight Capital, LLC, has been
declared a vexatious litigant in several cases within the U-S. District Court for the Central
District of California. See Havensight Cap. LLC v. Nike, Inc., No. CV 14-7153-R, 2015
WL 3544111 (C_D. Cal. Apr. 22, 2015); Havensight Cap., LLC v. Facebook, Inc., No.
CV 17-6727 FMO (MRWsx), 2018 WL 6340757 (C.D. Cal. Sept. 24, 2018), aff'd, 776 F.
App’x 420 (9th Cir. 2019): Woodhouse v. United States Gow’t, No. 2:21-CV-06372-SB,
2021 WL 6333468 (C.D. Cal. Nov. 24, 2021). Most recently, Judge Blumenfeld’s
November 24, 2021, vexatious litigant order stated that “if Plaintiff files another lawsuit
against [Facebook, Nike, and Gibson Dunn], there will be an automatic stay to allow the
Court to evaluate whether the lawsuit falls within the scope of this order.”” Woodhouse,
2021 WL 6333468, at *6. On January 27, 2022, plaintiff filed a first amended complaint,
which named Gibson Dunn Inc., Meta Platforms Inc., Nike Inc., Alphabet Inc., and the
Hon. Christina A. Snyder as defendants. Dkt. 21 (“FAC”).
On January 27, 2022, the Court referred plaintiff's complaint to Judge Blumenfeld
for the limited purpose of determining whether it falls within the constraints of Judge
Blumenfeld’s November 24, 2021 vexatious litigant order.
On February 18, 2022, Judge Blumenfeld found “that the claims against Nike, Inc.,
Meta Verse, Inc., and Gibson Dunn Inc. fall within the scope of the Court’s vexatious
litigant order.” Benjamin Woodhouse v. The United States Government (Woodhouse I),
2:21-cv-06372-SB, Dkt. 81 at 4. Pursuant to his November 24, 2021 vexatious litigant
order, Judge Blumenfeld also revoked plaintiff's e-filing privileges in their entirety.
Woodhouse I, Dkt. 80.
On February 18, 2022, plaintiff filed a second amended complaint. Dkt. 47.
On March 2, 2022, the Court struck plaintiff's first amended complaint to the
extent it brought claims against Nike, Inc., Meta Verse, Inc., and Gibson Dunn Inc., and
struck plaintiff's second amended complaint in its entirety for failure to seek leave to
amend. Dkt. 52. Moreover, on March 2, 2022, on the basis of judicial immunity or
qualified immunity, respectively, the Court dismissed the case as to individual defendants
the Hon. Stanley Blumenfeld Jr., the Hon. R. Gary Klausner, the Hon. Fernando M.
Olguin, the Hon. Manuel L. Real, the Hon. Otis D. Wright II, Daniel Beck, Tracy
Wilkison, David Harris, Joanne Osinoff, the Hon. Philip S. Gutierrez, and the Hon.
Christina A. Snyder. Id. Thus, the operative complaint is the FAC, and Alphabet Inc. is
the only remaining defendant.

CV-549 (01/18) CIVIL MINUTES - GENERAL Page 2 of 9

Case 2:22-cv-00285-CAS Document 75 Filed 05/02/22 Page3of9 Page ID #:1380
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL ‘O’
Case No. 2:22-cv-00285-CAS Date May 2, 2022
Title Benjamin Woodhouse v. The United States Government et al

On March 22, 2022, Alphabet filed a motion to dismiss plaintiff's complaint for
lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1), and for failure to state a
claim under Fed. R. Civ. P. 12(b)(6). Dkt. 64 (“Mot.”). On March 23, 2022, plaintiff
filed his opposition to Alphabet’s motion to dismiss. Dkt. 68 (“Opp.”).! On April 18,
2022, Alphabet filed its reply. Dkt. 70 (“Reply”).
Having carefully considered the parties’ arguments and submissions, the Court
finds and concludes as follows.
Il. BACKGROUND
The FAC brings the following claims against Alphabet: (1) obstruction and due
process violations; (2) fraud, collusion and civil RICO; and (3) intentional interference
with prospective business and economic relations. See FAC at 16-33. However, the
FAC contains few specific factual allegations against Alphabet. See generally FAC.
Plaintiff's FAC was brought against “Gibson Dunn Inc., Meta Verse Inc., Nike
Inc., and Alphabet Inc., for continued contact of Clients, and Investment Bankers of
Plaintiff's company, after feloniously accessing his email, in addition to claims against
the U.S. Government, for conscripting the Plaintiff, and taking continued and consistent
alleged bribes, in consistently upholding Triple Conflicted Counsel’s plead felonies and
conflicts, in two cases, in a systematic means, which has caused select Quasi National
Security Agency Leaders, and the California Bar to question whether the Federal Court
should still be open, and whether it has any independence of any kind.” FAC at 10-11.
Many of plaintiff's allegations are bizarre and conspiratorial in nature. See, e.g., FAC at
21-22 (“Felonies and criminal conduct, which are plead, and not alleged, can never go
unpunished, because those charged with bestowing justice, have written trite phrases,
proclaiming not to want to take notice of anything. Such a trend, would lead to total
chaos, and require immediate National Security intervention, with a National Security
incarceration protocol.”).

‘In his opposition to Alphabet’s motion to dismiss, plaintiff includes various requests,
including a request for default and a request for reinstatement of electronic filing
privileges. Because including those requests in an opposition to a motion to dismiss is
procedurally improper, the Court STRIKES those requests.
CV-549 (01/18) CIVIL MINUTES - GENERAL Page 3 of 9

Case 2:22-cv-00285-CAS Document 75 Filed 05/02/22 Page4of9 Page ID #:1381
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL ‘Oo’
Case No. 2:22-cv-00285-CAS Date May 2, 2022
Title Benjamin Woodhouse v. The United States Government et al

With respect to Alphabet, plaintiff's allegations in this action are centered around
Alphabet’s alleged “fail[ure] to show up and defend” in a previous action, Woodhouse I.
FAC at 11. Plaintiff's FAC asks this Court to “dissolve” Alphabet, and award plaintiff
$3 trillion in damages. Id. at 33.
If. LEGAL STANDARDS
A. Mootion to Dismiss for Lack of Subject Matter Jurisdiction
A motion to dismiss an action pursuant to Fed. R. Civ. P. 12(b)(1) raises the
objection that the federal court has no subject matter jurisdiction over the action. This
defect may exist despite the formal sufficiency of the allegations in the complaint. T.B.
Harms Co. v. Eliscu, 226 F. Supp. 337, 338 (S.D.N.Y. 1964), aff'd 339 F.2d 823 (2d Cir.
1964). When considering a Rule 12(b)(1) motion challenging the substance of
jurisdictional allegations, the Court 1s not restricted to the face of the pleadings, but may
review any evidence, such as declarations and testimony, to resolve any factual disputes
concerning the existence of jurisdiction. See McCarthy v. United States, 850 F.2d 558,
560 (9th Cir. 1988).
Once a Rule 12(b)(1) motion has been raised, the burden is on the party asserting
jurisdiction. Sopcak v. N. Mountain Helicopter Serv., 52 F.3d 817, 818 (9th Cir. 1995):
Ass’n of Am. Med. Coll. v. United States, 217 F.3d 770, 778-79 (9th Cir. 2000). If
jurisdiction is based on a federal question, the pleader must show that he has alleged a
claim under federal law and that the claim is not frivolous. See 5B Charles A. Wright &
Arthur R. Miller, Federal Practice and Procedure, § 1350, pp. 211, 231 (3d ed. 2021). If
jurisdiction is based on diversity of citizenship, the pleader must show real and complete
diversity, and also that his asserted claim exceeds the requisite jurisdictional amount of
$75,000. See id.
B. Motion to Dismiss for Failure to State a Claim
A motion pursuant to Federal Rule of Civil Procedure 12(b)(6) tests the legal
sufficiency of the claims asserted in a complaint. Under this Rule, a district court
properly dismisses a claim if “there is a ‘lack of a cognizable legal theory or the absence
of sufficient facts alleged under a cognizable legal theory.”” Conservation Force v.
Salazar, 646 F.3d 1240, 1242 (9th Cir. 2011) (quoting Balisteri v. Pacifica Police Dep't.
901 F.2d 696, 699 (9th Cir. 1988)).

CV-349 (01/18) CIVIL MINUTES - GENERAL Page 4 of 9

Case 2:22-cv-00285-CAS Document 75 Filed 05/02/22 Page5of9 Page ID #:1382
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL ‘O’
ee 2 22-CV-00285-CAS ER May2, 202200
Title Benjamin Woodhouse v. The United States Government et al

“While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need
detailed factual allegations, a plaintiff's obligation to provide the ‘grounds’ of his
‘entitlement to relief requires more than labels and conclusions, and a formulaic
recitation of the elements of a cause of action will not do.” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007). “[F]actual allegations must be enough to raise a
right to relief above the speculative level.” Id.
Unless a court converts a Rule 12(b)(6) motion into a motion for summary
judgment, a court cannot consider material outside of the complaint (e.g., facts presented
in briefs, affidavits, or discovery materials). In re American Cont’l Corp./Lincoln Sav. &
Loan Sec. Litig., 102 F.3d 1524, 1537 (9th Cir. 1996), rev’d on other grounds sub nom
Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998). A court
may, however, consider exhibits submitted with or alleged in the complaint and matters
that may be judicially noticed pursuant to Federal Rule of Evidence 201. See Lee v. City
of Los Angeles, 250 F.3d 668, 689 (9th Cir. 2001). Where a court converts a motion to
dismiss into a motion for summary judgment, “[a]ll parties must be given a reasonable
opportunity to present all the material that is pertinent to the motion.” Fed. R. Civ. P.
12(d).
IV. DISCUSSION
A. Timeliness of Alphabet’s Motion
In his opposition, plaintiff contends that because Alphabet was served with the
second amended complaint on February 24, 2022, Alphabet’s response was due on March
17, 2022. Opp. at 7. According to plaintiff, because Alphabet did not file this motion to
dismiss until March 22, 2022, Alphabet’s motion “is five days late.” Id.
However, on March 2, 2022, the Court struck plaintiff's second amended
complaint in its entirety for failure to seek leave to amend. Dkt. 52. Accordingly, the
appropriate calculation is based on the date Alphabet was served with the operative first
amended complaint and notice of summons. The record shows that plaintiff never served
Alphabet with a summons on the operative FAC. See Dkt. 70-2.
While Alphabet’s registered agent was served with a summons on the second
amended complaint on February 24, 2022, dkt. 70-3, the second amend complaint was
stricken because plaintiff did not have leave to file it, rendering service of the second
amended complaint on Alphabet a nullity. Even if it could be argued that Alphabet was

CV-549 (01/18) CIVIL MINUTES - GENERAL Page 5 of 9

Case 2:22-cv-00285-CAS Document 75 Filed 05/02/22 Page6Gof9 Page ID #:1383
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL ‘O’
Case No. 2:22-cv-00285-CAS Date May 2, 2022
Title Benjamin Woodhouse v. The United States Government et al

required to file its motion by March 17, 2022, the Court retains the discretion to enlarge
the time in which to file the motion to dismiss because Alphabet submitted evidence
suggesting that it did not receive the summons on the second amended complaint from its
registered agent until March 21, 2022. See Dkt. 70-1 (Declaration of Nadia Granke) 4 5:
see also Creager v. Columbia Debt Recovery, LLC, No. 2:21-cv-00431-BJR, 2021 WL
3187596, at *1 n.1 (W.D. Wash. July 28, 2021) (“[T]he Court may consider an untimely
motion to dismiss if the defendant is not in default.”). Accordingly, the Court finds it
appropriate to consider Alphabet’s motion to dismiss.
B. Rule 12(b)(6)
1. Obstruction and Violations of Due Process
Plaintiff's first claim for relief alleges “obstruction and due process violations”
against Alphabet. FAC at 16.
Plaintiff's claim for obstruction of justice fails because there is no private right of
action for obstruction of justice. See Fisher v. Hug, No. C-01-0578 VRW, 2001 WL
210478, at *1 (N.D. Cal. Feb. 23, 2001) (finding that there is no private right of action for
obstruction of justice).
The Court interprets plaintiffs claim for “due process violations” as an attempt to
assert a claim under 42 U.S.C. § 1983. To state a claim under section 1983, plaintiff
must allege two elements: “(1) violation of his rights secured by the Constitution or laws
of the United States and (2) the alleged deprivation of his rights was committed by a
person acting under the color of state law.” Fisher, 2001 WL 210478, at *2. Here,
plaintiff's due process claim fails because plaintiff does not allege that Alphabet is a
government actor, or that Alphabet acted under the color of state law. See Feng v. Cty.
of Santa Clara, No. 19-cv-06877-LB, 2019 WL 7194475, at *6 (N_D. Cal. Dec. 26, 2019)
(“Purely private conduct, no matter how wrongful, is not covered under § 1983.”)
(internal citations and quotation marks omitted). Accordingly, plaintiff fails to state a
claim for “due process violations.”
2. Fraud, Collusion, and Civil RICO
Plaintiff's second claim alleges fraud, collusion, and civil RICO violations against
Alphabet. FAC at 22.

CV-549 (01/18) CIVIL MINUTES - GENERAL Page 6 of 9

Case 2:22-cv-00285-CAS Document 75 Filed 05/02/22 Page 7of9 Page ID #:1384
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL ‘O’
Case No. 2:22-cv-00285-CAS Date May 2, 2022
Title Benjamin Woodhouse v. The United States Government et al

“Claims for fraud and negligent misrepresentation must meet the heightened
pleading requirements of Rule 9(b).” Glen Holly Ent. Inc. v. Tektronix, Inc., 100 F.
Supp. 2d 1086, 1093 (C.D. Cal. 1999): see Fed. R. Civ. P. 9(b) (“In alleging fraud or
mistake, a party must state with particularity the circumstances constituting fraud or
mistake.”). Accordingly, “when averments of fraud are made, the circumstances
constituting the alleged fraud [must] be specific enough to give defendants notice of the
particular misconduct . . . so that they can defend against the charge and not just deny that
they have done anything wrong.” Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1106
(9th Cir. 2003) (internal citations and quotation marks omitted). “Averments of fraud
must be accompanied by ‘the who, what, when, where, and how’ of the misconduct
charged.” Id. “To plead a fraud claim, a party must allege (1) a knowingly false
representation or fraudulent omission by the defendant; (2) an intent to deceive or induce
reliance; (3) justifiable reliance by the plaintiff; and (4) resulting damages.” UMG
Recordings, Inc. v. Glob. Eagle Ent., Inc., 117 F. Supp. 3d 1092, 1109 (C.D. Cal. 2015).
Here, plaintiffs fraud claim fails because plaintiff does not allege any of the elements of
a fraud claim against Alphabet.
Plaintiff's collusion claim fails because collusion is not an independent cause of
action under California law. See Lewis v. Wells Fargo Bank, N.A., No. LA CV 12-
04540 JAK (SPx), 2012 WL 12897041, at *2 (C_D. Cal. Sept. 12, 2012) (dismissing
plaintiff's claim for collusion with prejudice).
Finally, plaintiff's civil RICO claims fails because plaintiff fails to allege the
required elements of such claim, 1.¢., that “(1) conduct (2) of an enterprise (3) through a
pattern (4) of racketeering activity (5) caus/ed] injury to plaintiffs’ ‘business or
property.’” Ove v. Gwinn, 264 F.3d 817, 825 (9th Cir. 2001) (quoting 18 U.S.C. §
1964(c)). Although plaintiff's complaint alleges that “the Triple Conflicted Clients . . .
engaged in a pattern of alleged racketeering,” and that “there has been racketeering,
between the U.S. Attorney, Court and Conflicted Counsels,” FAC at 24, 26, the FAC
never alleges that Alphabet engaged in racketeering. Additionally, plaintiff does not
allege that it suffered any injury proximately caused by Alphabet’s racketeering activity.
See Rezner v. Bayerische Hypo-Und Vereinsbank AG, 630 F.3d 866, 873 (9th Cir. 2010)
(“To have standing under civil RICO, [a plaintiff] 1s required to show that the
racketeering activity was both a but-for cause and a proximate cause of his injury.”).

CV-349 (01/18) CIVIL MINUTES - GENERAL Page 7 of 9

Case 2:22-cv-00285-CAS Document 75 Filed 05/02/22 Page8of9 Page ID #:1385
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL ‘O’
Case No. 2:22-cv-00285-CAS Date May 2, 2022
Title Benjamin Woodhouse v. The United States Government et al

3. Intentional Interference with Prospective Business and Economic
Relations
Plaintiffs third and final claim for relief alleges intentional interference with
prospective business and economic relations against Alphabet. FAC at 29.
“T|he elements of a cause of action for intentional interference with prospective
economic relations (“ITPER”’) under California law are: “(1) an economic relationship
between the plaintiff and some third party, with the probability of future economic
benefit to the plaintiff; (2) the defendant’s knowledge of the relationship; (3) intentional
[wrongful] acts on the part of the defendant designed to disrupt the relationship; (4)
actual disruption of the relationship; and (5) economic harm to the plaintiff proximately
caused by the acts of the defendant.’” Pro Water Sol. Inc. v. Angie's List, Inc., 457 F.
Supp. 3d 845, 852 (C.D. Cal. 2020) (quoting Sybersound Records, Inc. v. VAV Corp.,
517 F.3d 1137, 1151 (9th Cir. 2008)). Plaintiff's ITPER claim fails because, as Alphabet
correctly notes, plaintiff “fails to identify any economic relationship between Plaintiffs
and any third party with the prospect of economic benefit to Plaintiffs that was known to
Alphabet sufficient to satisfy the first and second claim elements.” Mot. at 25.
C. Rule 12(b)(1)
Defendants argue that the FAC should be dismissed for lack of subject matter
jurisdiction because there is no federal question jurisdiction given that plaintiff's claims
are “‘obviously frivolous,’” and because there is no diversity jurisdiction given that
plaintiff and Alphabet are citizens of California. Mot. at 16-17.
In opposition, plaintiff argues that there is federal jurisdiction because a federal
civil RICO claim has been alleged, and because “Havensight and [] Woodhouse are
citizens of the [U.S. Virgin Islands] while Alphabet Inc. is a citizen of California.” Opp.
at 9.
Plaintiff has not met its burden of establishing that diversity jurisdiction exists.
Alphabet is a citizen of California, and although plaintiff contends that Woodhouse and
Havensight Capital are citizens of the U.S. Virgin Islands, he has failed to submit
evidence to that effect. In Havensight Capital, LLC v. Facebook Inc., No. CV 15-3758
FMO (MRWx), 2015 WL 3948380 (C.D. Cal. June 29, 2015), the court concluded that
“Woodhouse’s ties to California are far more significant” than his ties to the U.S. Virgin
Islands, and that, therefore, “Woodhouse has not met his burden of establishing diversity
CV-549 (01/18) CIVIL MINUTES - GENERAL Page § of 9

Case 2:22-cv-00285-CAS Document 75 Filed 05/02/22 Page9of9 Page ID #:1386
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES —- GENERAL ‘O’
Case No. 2:22-cv-00285-CAS Date May 2, 2022
Title Benjamin Woodhouse v. The United States Government et al

jurisdiction.” Id. at *7. Here, neither the FAC nor plaintiff's opposition to Alphabet’s
motion to dismiss provide any evidentiary basis for concluding that Woodhouse and
Havensight Capital are citizens of the U.S. Virgin Islands.
However, while “federal courts are without power to entertain claims otherwise
within their jurisdiction if they are so attenuated and unsubstantial as to be absolutely
devoid of merit,” Hagans v. Lavine, 415 U.S. 528, 536 (1974), if plaintiff could
adequately plead a civil RICO claim, that claim would provide federal question
jurisdiction. Concluding that plaintiffs civil RICO claim is absolutely devoid of merit,
without granting plaintiff an opportunity to amend the FAC, is premature.
Accordingly, a finding that the Court lacks subject matter jurisdiction over this
case 1s Inappropriate at this time.
D. Leave to Amend
Alphabet argues that the FAC “should be dismissed with prejudice because the
defects in Plaintiffs’ claims cannot be remedied with further pleading.” Mot. at 27.
“A court should ‘freely give leave [to amend] when justice so requires.’” Carrico
v. City & Cty. of San Francisco, 656 F.3d 1002, 1008 (9th Cir. 2011) (quoting Fed. R.
Civ. P. 15(a)(2)). While leave to amend is “properly denied” where “amendment would
be futile,” Carrico, 656 F.3d at 1008, granting plaintiff an opportunity to amend the FAC
is appropriate here given that plaintiff is appearing pro se.
V. CONCLUSION
In accordance with the foregoing, the Court DISMISSES plaintiffs first amended
complaint. Plaintiff must submit an amended complaint on or before May 31, 2022.
IT IS SO ORDERED.
00 : 00
Initials of Preparer CMI

CV-549 (01/18) CIVIL MINUTES - GENERAL Page 9 of 9

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9979772. Public record. Not legal advice.
