Henderson v. Visa USA, Inc.

Good Law
56 F. App'x 355
United States Court of Appeals for the Ninth CircuitFebruary 14, 2003No. 01-16131; D.C. No. CV-98-21150-JWCalifornia449 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Henderson appeals pro se the district court’s judgment dismissing his action alleging violations of the Truth in Lending Act and state law claims against several defendants. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not err by dismissing Henderson’s claims against Visa USA, Inc., and Best Western International, Inc., under Fed.R.Civ.P. 12(b)(6) because there was no factual or legal basis for the claims. See Ove v. Gwinn, 264 F.3d 817, 821 (9th Cir.2001) (complaint’s allegations of material fact are “construed in the light most favorable” to the plaintiff, but “conclusory allegations of law and unwarranted inferences are insufficient to defeat a motion to dismiss”).

The district court also properly dismissed the claims against Chase Manhattan Bank, USA, N.A., Park Crest Motel, Don Kim, and Hyun Oh because Henderson’s amended complaint, filed on April 26, 1999, contained no allegations against these defendants. See N.D. Cal. Civ. Local R. 10-1 (“Any party filing or moving to file an amended pleading must reproduce the entire proposed pleading and may not incorporate any part of a prior pleading by reference.”); see…

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