Jerico Stone v. Writer's Guild of America West, Inc., a California Corporation Frank Pierson Del Reisman, Does 1 Through 20, Inclusive

ORDER

The memorandum decision filed August 20, 1996, is redesignated as an authored opinion by Judge Kleinfeld with minor modifications.

OPINION

Because the district court dismissed appellant’s complaint for failure to state a claim upon which relief could be granted, we review the averments of the complaint to determine whether, if true, they would state a claim. Argabright v. United States, 35 F.3d 472, 474 (9th Cir.1994); National Wildlife Fed’n v. Espy, 45 F.3d 1337 , 1340 (9th Cir.1995). The collective bargaining agreement, called the “basic agreement,” may properly be. considered because its authenticity is not at issue, and it is referred to in the complaint. Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir.1994) (document not attached to the complaint is not “outside” the complaint if it is referred to in the complaint and authenticity of the document is not questioned). Because we review de novo, and we do not in our de novo review consider any materials other than the complaint and its attachments, see Parks School of Business, Inc. v. Symington, 51 F.3d 1480, 1484 (9th Cir.1995), and the collectivé bargaining agreement, it does not matter whether the district judge so…