Magnabosco
Magnabosco v. Atlantic Richfield Co. Capital Accumulation Plan II
Opinion
Lead Opinion
MEMORANDUM ***
Louis Magnabosco appeals the district court’s decision dismissing his Third Amended Complaint for failing to state a claim on which relief might be granted. See FED R. CIV. P. 12(b)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 , 1 and, applying de novo review, we affirm. See Romano v. Bible, 169 F.3d 1182, 1185 (9th Cir.1999). Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as is necessary to explain our decision.
I. The Fraud Count
Under California law, the following elements must be alleged to state a claim for fraud: “(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” Lazar v. Superior Court, 12 Cal.4th 631 , 49 Cal.Rptr.2d 377 , 909 P.2d 981, 984 (1996) (quotation omitted). In attempting to meet the above elements, Magnabosco offers two theories. Neither theory is sufficient to state an actionable claim of fraud.
Magnabosco’s first theory is that Union Carbide Corporation (“UCC”) and Katalistiks, in telling him…