James Long v. Ingenio, Inc.

Good Law
542 F. App'x 654
United States Court of Appeals for the Ninth CircuitOctober 21, 201318-15997California560 words

Opinion

Opinion

MEMORANDUM

Plaintiff James Thomas Long appeals the district court’s grant of summary judgment to defendant Ingenio, Inc. in this putative nationwide class action alleging claims for declaratory relief, unjust enrichment, false advertising, and unfair business practices under California state law. Long also appeals the district court’s failure to grant him leave to amend his complaint to add additional parties. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. Tehama-Colusa Canal Auth. v. U.S. Dep’t of the Interior, 721 F.3d 1086, 1093 (9th Cir. 2013). “We review for abuse of discretion the district court’s decisions as to amendments to the complaint.” World Wide Rush, LLC v. City of Los Angeles, 606 F.3d 676, 684 (9th Cir.2010). We affirm the district court’s grant of summary judgment to Ingenio and remand for further proceedings consistent with this disposition.

The district court correctly granted summary judgment to Ingenio because there is no genuine issue of material fact as to any of Long’s claims. First, the record confirms that the allegations in Long’s complaint refer to Pay Per Call services provided…

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