Mahai Dutciuc v. Meritage Homes of Arizona, Inc

MEMORANDUM

Muhai Dutciuc appeals from the district court’s order of December 10, 2009, 2009 WL 4827087 , granting defendant Meritage Homes of Arizona, Inc.’s (“Meritage”) motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) and dismissing his Second Amended Complaint (“SAC”) with leave to amend. Dutciuc also appeals from the district court’s order of September 16, 2010, granting Meritage’s motion to dismiss his Third Amended Complaint (“TAC”), without leave to amend, pursuant to Federal Rule of Civil Procedure 12(b)(6). Additionally, Dutciuc appeals from the district court’s order of March 1, 2011, 2011 WL 772313 , granting Meritage’s motion for attorneys’ fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I

Dutciuc contends that the district court erred in granting Meritage’s Rule 12(c) motion and dismissing Dutciuc’s SAC with leave to amend.

“It is the law of this circuit that a plaintiff waives all claims alleged in a dismissed complaint which are not realleged in an amended complaint.” Forsyth v. Humana, 114 F.3d 1467 , 1474 (9th Cir.1997) (citing London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir.1981); Sacramento…