Ernest Franceschi, Jr. v. Harrah's Entertainment, Inc.

MEMORANDUM

Ernest Joseph Franceschi, Jr., appeals the district court’s sua sponte dismissal of his complaint without leave to amend. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court dismissed Franceschi’s claims under the California Consumer Legal Remedies Act (“CLRA”) and the California Unfair Competition Law (“UCL”) for two reasons: (1) Nevada law specifically allows the allegedly unfair practices; and (2) Franceschi could not meet the “reasonable” or “ordinary” consumer test under California law because he is, by his own admission, a sophisticated consumer and not an average one. On appeal, Franceschi does not address or acknowledge the district court’s second rationale, so he has waived his challenge to the district court’s dismissal of the California statutory claims. Likewise, the district court dismissed Franceschi’s fraud claim for two reasons: (1) he failed to allege facts sufficient to show the existence of a “special relationship” between the parties that would give rise to a duty on defendants’ part to affirmatively disclose certain facts; and (2) he likely could not prove justifiable reliance. On appeal, Franceschi addresses only the…