Perfino v. California Department of Alcoholic Beverage Control

Good Law
458 F. App'x 699
United States Court of Appeals for the Ninth CircuitNovember 21, 201110-17057California391 words

Opinion

Opinion

MEMORANDUM

Plaintiffs-appellants Perfino and Zura-nich (collectively “Perfino”) claim that due to incorrect, preliminary advice provided by the Department of Alcoholic Beverage Control (“ABC”), their then business partner, Juan Ayala, dissolved their partnership, and withdrew an application to trans fer a liquor license to the partnership. Perfino filed numerous claims against ABC and its employees and now appeals the district court’s award of summary judgment to ABC on his equal protection claim, dismissal of the remaining claims, and denial of his motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the grant of a motion to dismiss and a motion for summary judgment. Alaska Right to Life Political Action Comm. v. Feldman, 504 F.3d 840, 848 (9th Cir.2007). “[Rjeview of a denial of a motion to reconsider is for abuse of discretion.” Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255 , 1262 (9th Cir.1993).

We do not reach the merits of Perfino’s claims as he fails to show (or even allege) that ABC employees proximately caused his injuries. As the district court noted in its summary judgment ruling, it was “Ayala’s withdrawal of his…

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