Angela Allen v. Dollar Tree Stores, Inc.

MEMORANDUM

Angela Allen appeals the district court’s dismissal of her diversity action against Dollar Tree Stores, Inc. (“Dollar Tree”) alleging sexual harassment, retaliation, wrongful termination, breach of an implied contract, and breach of the implied covenant of good faith and fair dealing, in violation of California law. Allen argues that the district court erred in granting Dollar Tree’s motion to dismiss, and in denying her motion to file an amended complaint. We review de novo the district court’s decision to grant a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Henry A. v. Willden, 678 F.3d 991, 998 (9th Cir.2012). We review for abuse of discretion the district court’s denial of leave to amend a complaint. Id.; Gordon v. City of Oakland, 627 F.3d 1092, 1094 (9th Cir.2010). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court did not err in granting Dollar Tree’s motion to dismiss. The court properly dismissed Allen’s harassment and retaliation claims because her opposition to the motion to dismiss failed to respond to Dollar Tree’s argument that those claims were time-barred. The district court properly dismissed…