Aaron Raiser v. Ventura College of Law

MEMORANDUM

In these consolidated appeals, Aaron Raiser appeals pro se from the district court’s judgment dismissing his action alleging various federal and state law violations arising from his expulsion from Ventura College of Law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir.2004), and for an abuse of discretion a denial of leave to amend, Chodos v. W. Publ’g Co., 292 F.3d 992, 1003 (9th Cir.2002). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm in part, and reverse and remand in part.

Dismissal of the extortion claim and the breach of covenant of good faith and fair dealing claim was proper because the communications at issue are absolutely privileged under California Civil Code § 47(b). See Hagberg v. Cal. Fed. Bank, FSB, 7 Cal.Rptr.3d 803 , 81 P.3d 244, 255 (2004) (applying litigation privilege to communications “intended to instigate official governmental investigation into wrongdoing, including police investigation”); Blanchard v. DIRECTV, Inc., 123 Cal.App.4th…