Jo Ann Kurz v. Colleen Zahn

MEMORANDUM

Jo Ann Kurz appeals pro se from the district court’s judgment pursuant to 28 U.S.C. § 1915 (e)(2)(B) dismissing her action arising out of matters related to her employment as general manager and tennis director of the Boise Racquet and Swim Club (“the Club”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998), and we affirm.

On appeal, Kurz contends that Colleen Zahn is hable for violating various rules of professional conduct, including failing to provide a warning required by Upjohn Co. v. United States, 449 U.S. 383 , 101 S.Ct. 677 , 66 L.Ed.2d 584 (1981). However, the district judge adopted the magistrate judge’s report recommending the dismissal of this claim. This recommendation was based on the determination that violations of Upjohn or other rules of professional conduct do not give rise to tort liability and that Kurz had failed to allege that she had an attorney-client relationship with Zahn, which is a requirement for stating a malpractice claim. In addition, the adopted report did not permit Kurz to amend her complaint because any claim for legal malpractice would be time-barred. Kurz…