Anthony Johnson v. Manuel Altamirano

facts sufficient to state a claim. See Roy Allan Slurry Seal, Inc. v. Am. Asphalt

South, Inc., 388 P.3d 800, 803 (Cal. 2017) (setting forth elements of an intentional

interference with prospective economic advantage claim, including “the existence,

between the plaintiff and some third party, of an economic relationship that

contains the probability of future economic benefit to the plaintiff”). The district

21-55614 court did not abuse its discretion in denying Johnson leave to amend this claim

because amendment would have been futile. See Cervantes v. Countrywide Home

Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review

and stating that leave to amend may be denied where amendment would be futile).

The district court properly dismissed Johnson’s claims for breach of

fiduciary duty concerning misuse of corporate funds, and conversion, as barred by

claim preclusion because the claims were raised, or could have been raised, in a

prior state court derivative action that involved the same primary rights and parties,

or their privies, and resulted in a final judgment on the merits. See Robi v.…