facts; (b) made with knowledge, actual or virtual, of the facts; (c) to a party

ignorant, actually and permissibly, of the truth; (d) with intention, actual or virtual,

that the ignorant party act on it; and (e) that party was induced to act on it.”

Simmons v. Ghaderi, 44 Cal. 4th 570, 584 (2008). Music has pled no facts

supporting the conclusion that BoA represented or concealed a material fact that

led to his default. Indeed, based on his allegations, his inability to pay resulted

from a loss of rental income after the fire. Hence, his equitable estoppel claim also

fails.

Music also alleges that BoA breached its contract by charging a

“Recoverable Corporate Advance Balance” at the time Music closed on the sale of

the property. This claim also fails. Music states in his complaint that this charge

was asserted by Bayview Loan Servicing (“BLS”), not BoA. All claims against

BLS were dropped. According to the complaint, BoA assigned its rights to BLS

roughly a year and a half before the sale of the property. Music has pled no facts

suggesting that BoA was involved in the sale in any way. Under Rule 8(a)(2) of

the Federal Rules of Civil Procedure a plaintiff must plead “enough facts to state a

claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S.

4 544, 570 (2007). Here, Music has provided no plausible theory as to how a charge

asserted by BLS could constitute a breach of contract by BoA.

Finally, Music challenges the district court’s denial of his request for leave

to amend the complaint. We have held that where the appellant fails to point to

any facts that could save the complaint, the district court does not abuse its

discretion by dismissing with prejudice. Halkin v. VeriFone Inc. (In re VeriFone

Sec. Litig.), 11 F.3d 865, 872 (9th Cir. 1993). The rule is established that “[a]

district court’s discretion to deny leave to amend is ‘particularly broad’ where the

plaintiff has previously amended.” Salameh v. Tarsadia Hotel, 726 F.3d 1124,

1133 (9th Cir. 2013) (citation omitted). Here, Music has already been given one

chance to amend, and the only facts he points to on appeal relate to alleged

damages. Because damages only come into issue if Music can satisfy the other

elements of one of his theories of liability, these additional facts would not save his

claim.

AFFIRMED.

5