Marin

MEMORANDUM **

Mel M. Marin appeals pro se from the district court’s summary judgment in his diversity action alleging breach of fiduciary duty and legal malpractice. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. Golden W. Ref. Co. v. SunTrust Bank, 538 F.3d 1233, 1237 (9th Cir.2008). We review for abuse of discretion the district court’s refusal to permit further discovery. Mackey v. Pioneer Nat’l Bank, 867 F.2d 520, 523 (9th Cir.1989). We affirm.

The district court properly granted summary judgment because Marin failed to raise a genuine issue as to whether Shaw owed him a legal or fiduciary duty. See People ex rel. Dept. of Corps. v. SpeeDee Oil Change Sys. Inc., 20 Cal.4th 1135 , 86 Cal.Rptr.2d 816, 825 , 980 P.2d 371 (Cal.Ct. App.1999) (“An attorney represents a client — for purposes of a conflict of interest analysis — when the attorney knowingly obtains material confidential information from the client and renders legal advice or services as a result.”); see also First Interstate Bank of Ariz., N.A. v. Murphy, Weir & Butler, 210 F.3d 983 , 986 (9th Cir.2000) (explaining that duty is an element of a…