Brent Winters v. Delores Jordan
Opinion
Opinion
MEMORANDUM
Brent A. Winters and members of his family appeal pro se from the district court’s judgment dismissing various federal and state claims they brought against defendants. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Kearney v. Foley & Lardner, LLP, 590 F.3d 638, 643 (9th Cir.2009), and we affirm.
The district court properly determined that defendant Ford is immune from liability under the Noerr-Pennington doctrine because the Winters’ factual allegations in their amended complaint showed that the “sham” exception is inapplicable. See Kottle v. Northwest Kidney Ctrs., 146 F.3d 1056, 1060 (9th Cir.1998) (explaining the Noerr-Pennington doctrine and the circumstances where the “sham” exception is applicable).
The district court properly dismissed the assault claims against defendants Ar-buckle and Burrows Security Force because the amended complaint failed to allege facts sufficient to state a claim. See Lowry v. Standard Oil Co., 63 Cal.App.2d 1 , 146 P.2d 57, 60 (Cal.Ct.App.1944) (under California law, an assault requires an unlawful intent by one person to inflict immediate injury on another).