Carl Jimena v. Clive Standish

MEMORANDUM

Carl L. Jimena appeals pro se from the district court’s summary judgment in his action alleging claims for fraud, violation of state commercial codes, and intentional tort. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Estate of Tucker ex rel Tucker v. Interscope Records, Inc., 515 F.3d 1019, 1029 (9th Cir.2008), and we affirm.

The district court properly granted summary judgment because Jimena failed to present admissible evidence establishing a genuine dispute of material fact regarding UBS AG’s liability. See id. at 1032 n. 14 (nonmoving party must establish the existence of a genuine factual dispute on the basis of admissible evidence); Orr v. Bank of Am., NT & SA, 285 F.3d 764, 773 (9th Cir.2002) (“[ujnauthenticated documents cannot be considered in a motion for summary judgment.”).

The district court properly dismissed Jimena’s claims against UBS FS because Jimena failed to allege facts sufficient to support these claims. See Ashcroft v. Iqbal, 556 U.S. 662, 677-78 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (to avoid dismissal, a plaintiff must allege more than “labels and conclusions” or “naked assertion[s]” in support of his claims (citation…