Benjamin Woodhouse v. The United States Government

Case 2:22-cv-00285-CAS Document 95 Filed 06/22/22 Page lof10 Page ID #:1644

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title —_Benyamin Woodhouse v. The United States Government etal

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) - ALPHABET INC.’S MOTION TO DISMISS

(DKT. 86, FILED ON MAY 25, 2022)

I. INTRODUCTION

The Court finds that Alphabet’s motion 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 1s 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. Plaintiff's 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.

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title Benjamin Woodhouse v. The United States Government et al

Plaintiff, appearing for himself or in 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 (MRWx), 2018 WL 6340757 (C.D. Cal. Sept. 24, 2018),

aff'd, 776 F. App’x 420 (9th Cir. 2019); Woodhouse v. United States Gov’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.

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 purported 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.

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title Benjamin Woodhouse v. The United States Government et al

Christina A. Snyder. Id. Thus, as of March 2, 2022, the operative complaint was the first

amended complaint, and Alphabet Inc. was the only remaining defendant.

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). On May 2, 2022, the Court granted Alphabet’s

motion to dismiss without prejudice. Dkt. 75. On May 6, 2022, plaintiff filed a second

amended complaint. Dkt. 80 (““SAC’”).!

On May 6, 2022, plaintiff filed an omnibus motion, requesting that the Court (1)

enter default judgment against Alphabet; (2) reinstate the initial defendants and the U.S

attorneys as defendants in this case; (3) disqualify itself from this case; and (4) reinstate

plaintiff's electronic filing privileges. Dkt. 81. On June 8, 2022, the Court denied

plaintiff's omnibus motion for default, reinstatement of defendants, disqualification, and

reinstatement of electronic filing privileges. Dkt. 92.

On May 25, 2022, Alphabet moved to dismiss plaintiff's second amended

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. 86 (“Mot.”). On May 31,

2022, plaintiff submitted his opposition. Dkt. 88 (“Opp.”). Alphabet replied on June 13,

2022. Dkt. 93 (“Reply.”).

Having carefully considered the parties’ arguments and submissions, the Court

finds and concludes as follows.

Il. BACKGROUND

The SAC brings the following claims against Alphabet: (1) obstruction, due

process violations, and fraud; (2) civil RICO; and (3) intentional interference with

prospective business and economic relations. See FAC at 18-35.

Plaintiff's allegations assert a conspiracy. For example, “Mr. Woodhouse asserts

that he has heard gunshots from a Hershel automatic assault ball machine like weapon on

a daily basis, sounds of Gibson Dunn Leaders ordering individuals to be executed, and

rumors of over one hundred lives being taken, over a 12 month period, in [a] hotel. It [is]

' The Court STRIKES the SAC to the extent it improperly seeks to reinstate previously

dismissed defendants Nike, Inc., Meta Verse, Inc., and Gibson Dunn Inc.

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title Benjamin Woodhouse v. The United States Government et al

also believed that Judicial Officers, Triple Conflicted Counsel, and Alphabet Inc.’s

Counsel have all taken residence in the hotel, over the past 12 months, and their presence

during the attacks| | might be the reason why law enforcement has still failed to disclose

the hotel.” SAC at 7.

Plaintiff alleges that Alphabet “entered the California Sec. of State system to

feloniously change its business registration, with no appropriate filing,” and that

Alphabet “routinely entered its email and computer systems on a daily basis.” SAC at

14. Plaintiff also alleges that Alphabet “feloniously ran down each and every potential

Customer, and actual Customer of Havensight’s” such that “it is doubtful that one

Customer has been left alone.” Id. Plaintiff alleges that such actions “allows Quasi

Agencies to classify . . . Alphabet Inc.|] as [an] enemy combatant.” Id. Plaintiff also

alleges that Alphabet deleted an email from his computer on the basis that plaintiff

provided Alphabet’s counsel with an email that attached a proof of service affidavit, and

“five minutes later, the email with the Proof Attachment was deleted from Woodhouse’s

Gmail Account completely, and without any action from Woodhouse.” Id. at 16, 25.

In addition, the SAC adds references to Alphabet to many of the conclusory and

conspiratorial allegations against Nike, Inc., Meta Verse, Inc., and Gibson Dunn Inc. that

were present in plaintiffs first amended complaint. For example, plaintiff now alleges

that “Alphabet Inc. and the Triple Conflicted Parties, here, have been allegedly depriving

Woodhouse of sleep, yelling slurs, and continuously allegedly ordering the execution of

defenseless individuals at a hotel, across the street from Woodhouse’s Parents’ residence.

The Who is named, the location is Pismo Beach, California, the temporal proximity is the

last 24 months, and it is alleged that this conduct is genocide, as it likely has allegedly

involved over triple digit murders.” Id. at 30. Plaintiff had never previously alleged that

Alphabet was part of a genocide spanning twenty-four months.

Plaintiff's SAC asks this Court to enter default against Alphabet, to sanction

Alphabet, and to award $2.9 billion in compensatory and punitive damages against

Alphabet as to each of Woodhouse and Havensight Capital L.L.C., for a total of $5.8

billion dollars in damages. Id. at 35.

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title Benjamin Woodhouse v. The United States Government et al

Il. LEGAL STANDARDS

A. Motion 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 is 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)).

“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.

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title Benjamin Woodhouse v. The United States Government et al

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’] 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. Obstruction, Due Process Violations, and Fraud

Plaintiff's first claim for relief alleges “obstruction, due process violations, and

fraud” against Alphabet. SAC at 18.

Plaintiffs claim for obstruction of justice fails because “obstruction of justice is a

criminal charge that does not provide a private cause of action.” DeHaven v.

Schwarzenegger, 123 F. App'x 287, 289 (9th Cir. 2005): see also 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 construes 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).

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title Benjamin Woodhouse v. The United States Government et al

Finally, “[c]laims 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 with the requisite particularity. Additionally,

plaintiffs fraud allegations against Alphabet are not differentiated from plaintiff's fraud

allegations against the other purported defendants, even though “Rule 9(b) require|s]

plaintiffs to differentiate their allegations when suing more than one defendant . . . and

inform each defendant separately of the allegations surrounding his alleged participation

in the fraud.” Swartz v. KPMG LLP, 476 F.3d 756, 764-65 (9th Cir. 2007) (internal

citations and quotations omitted).

Accordingly, the Court dismisses plaintiff's obstruction, due process, and fraud

claims against Alphabet.

B. Civil RICO

Plaintiff's second claim for relief is a civil RICO claim against Alphabet. SAC at

22.

Plaintiffs civil RICO claims fails because plaintiff fails to allege the required

elements of such claim, 1.e., 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)).

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES —- GENERAL ‘O’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title Benjamin Woodhouse v. The United States Government et al

Although plaintiff's SAC alleges “that there has been a pattern, the pattern being,

agents of Triple Conflicted Counsel, and Alphabet Inc. going into Havensight’s Gmail

account on a daily basis, over the last twelve months, and then contacting and improperly

ending potential sales, and destroying existing Customers for Havensight and

Woodhouse,” SAC at 27, the SAC never alleges with any specificity any actions taken by

Alphabet that “destroyed existing customers” for plaintiff. Plaintiff identifies only two of

the potential customers by name—State Bank of India and Lefty Cheesesteaks—but fails

to allege any RICO predicates with respect to those customers and Alphabet. In sum,

plaintiff's conclusory allegation that Alphabet “caused economic harm,” SAC at 29, is

insufficient because plaintiff fails to allege that it suffered any concrete injury

proximately caused by Alphabet’s racketeering activity. See Diaz v. Gates, 420 F.3d

897, 898 (9th Cir. 2005) (“RICO does not provide a cause of action for all types of injury

to property interests, but only for injuries resulting in concrete financial loss.”) (Internal

citation and quotations omitted); see also Rezner v. Bayerische Hypo-Und Vereinsbank

AG, 630 F.3d 866, 873 (9th Cir. 2010) (“To have standing under civil RICO, [a plaintiff]

is required to show that the racketeering activity was both a but-for cause and a

proximate cause of his injury.”). Accordingly, the Court is unable to “draw [any]

reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v.

Iqbal, 556 U.S. 662, 678 (2009).

Additionally, plaintiff fails to explain how its conclusory and conspiratorial

allegations against Alphabet qualify as racketeering activity. See Block v. Snohomish

Cnty., 733 F. App'x 884, 888 (9th Cir. 2018) (courts are “not required to accept as true

allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable

inferences”) (internal citations and quotations omitted): see also Slade v. Gates, No. 01-

8244-RMT, 2002 WL 31357043, at *6 (C.D. Cal. Oct. 2, 2002) (“conclusory allegations

that extortion, attempted murder and drug dealing were committed by Defendants,

without more, is insufficient to state a predicate act under RICO”).

Finally, plaintiff fails to plead a RICO enterprise that is distinct from Alphabet as

the RICO defendant. See Rae v. Union Bank, 725 F.2d 478, 481 (9th Cir. 1984) (“Tf

Union Bank is the enterprise, it cannot also be the RICO defendant.”’).

Accordingly, the Court dismisses plaintiff's civil RICO claim.

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES — GENERAL ‘Oo’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title Benjamin Woodhouse v. The United States Government et al

C. 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. SAC at 32.

“T|he elements of a cause of action for intentional interference with prospective

economic relations 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. UAV Corp., 517 F.3d 1137, 1151

(9th Cir. 2008)).

Plaintiff's intentional interference with prospective economic relations 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 29-30.

Accordingly, the Court dismisses plaintiffs intentional interference with

prospective economic relations claim.

D. Rule 12(b)(1)

Defendants argue that the SAC should be dismissed for lack of subject matter

jurisdiction because there is no federal question jurisdiction given that plaintiff's civil

RICO claim should be “dismissed as a matter of law without leave to replead,” and

because there is no diversity jurisdiction given that plaintiff and Alphabet are citizens of

California. Mot. at 32-34.

While the Court finds that dismissal of plaintiffs civil RICO claim 1s appropriate,

and that plaintiff has not met its burden of establishing that diversity jurisdiction exists,

the Court may have been able to assert supplemental jurisdiction over plaintiff's state law

claims, if they had survived Alphabet’s motion to dismiss. In any event, the Court

declines to reach this basis for dismissal given that it has already found that plaintiffs

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES — GENERAL ‘Oo’ JS-6

Case No. 2:22-cv-00285-CAS Date June 22, 2022

Title Benjamin Woodhouse v. The United States Government et al

SAC should be dismissed in its entirety for failure to state claim upon which relief may

be granted.

E. Leave to Amend

Alphabet argues that the SAC should be dismissed with prejudice because

“Plaintiffs’ claims cannot be remedied with further pleading” and “Plaintiffs have abused

the federal judiciary system and filed deficient complaints against Alphabet across three

dockets.” Mot. at 32.

Leave to amend is properly denied where “amendment would be futile.” Carrico v.

City & Cty. of San Francisco, 656 F.3d 1002, 1008 (9th Cir. 2011). Here, dismissal with

prejudice is appropriate because “[p|laintiff’s [c]omplaint lacks any well-pleaded factual

allegations giving rise to an entitlement to relief, and no reasonable inference can be

made that defendant is liable for the misconduct alleged.” Havensight Cap. LLC v. Nike,

Inc., No. CV 14-7153-R, 2014 WL 12613382, at *3 (C.D. Cal. Nov. 19, 2014). The fact

that plaintiff has been declared a vexatious litigant several times in this district also

counsels in favor of dismissal with prejudice.

In sum, given that plaintiff has been unable to plead a valid claim for relief in this

case or in the three previous cases plaintiff brought in this district, it appears that plaintiff

is unable to plead a valid claim. Accordingly, the Court finds that amendment is futile

and that dismissal with prejudice is appropriate. See Saul v. United States, 928 F.2d 829,

843 (9th Cir. 1991) (“A district court does not err in denying leave to amend where the

amendment would be futile, or where the amended complaint would be subject to

dismissal.”’) (Internal citation omitted).

V. CONCLUSION

In accordance with the foregoing, the Court DISMISSES plaintiff's second

amended complaint WITH PREJUDICE.

IT IS SO ORDERED.

00 : 00

Initials of Preparer CMJ

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