James Gray v. I.B.E.W. Local 332 Pension Trust

MEMORANDUM

James Wesley Gray appeals pro se from the district court’s order granting appellee I.B.E.W. Local 332 Pension Trust’s (“the Plan”) motion to dismiss Gray’s second amended complaint alleging violations of the Employee Retirement Income Security Act of 1974 (“ERISA”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s decision on a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Hinds Investments, L.P. v. Angioli, 654 F.3d 846, 849-50 (9th Cir.2011). To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Id. at 850 . Although we construe a complaint in the light most favorable to the plaintiff, dismissal “is proper where there is either a lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal claim.” Id. We may affirm on any basis fairly supported by the record. Corrie v. Caterpillar, Inc., 503 F.3d 974, 979 (9th Cir. 2007).

The second amended complaint asked the court to order the Plan to compensate Gray for the litigation…