Avinash Kulkarni v. Meera Upasani

MEMORANDUM

Avinash Kulkarni appeals the dismissal with prejudice of his first amended complaint against eighteen state, federal, and individual defendants. Kulkarni pled more than thirty federal and state causes of action related to an alleged conspiracy between the government and individual defendants to deprive him of access to his son, and their subsequent participation in California civil and criminal cases stemming from his son’s abduction.

The district court concluded that it lacked subject matter jurisdiction over Kulkarni’s elaims against the United States Department of State (“USDOS”), that Kulkarni had failed to state a claim upon which relief could be granted under Federal Rule of Civil Procedure 12(b)(6) against Orange County Social Services Agency (“OCSSA”), that the state tort claims against the individual defendants should be struck under the California anti-SLAPP statute, and that the federal claims should be dismissed for failure to state a claim and under the Noerr-Pennington doctrine, We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Kulkarni framed the claim against USDOS as a Bivens action. Bivens v. Six Unknown, Named Agents of Fed. Bureau of…