Lechner
Lechner v. Capital Group Companies, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Matt Lechner, a former investment broker, appeals pro se from the district court’s summary judgment for Capital Group Companies, Inc., in Lechner’s diversity action alleging, inter alia, breach of contract and unjust enrichment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Glenn K. Jackson Inc. v. Roe, 273 F.3d 1192, 1196 (9th Cir.2001), and we affirm.
The district court properly determined that Lechner’s claims were barred under California’s two-year statute of limitations. See Cal.Civ.Proc.Code § 339; Fields v. Legacy Health System, 413 F.3d 943 (9th Cir.2005) (affirming summary judgment in diversity action where claims were filed beyond statute of limitations).
Contrary to Lechner’s contention, the defendants pleaded the affirmative defense of statute of limitations in their answer and therefore did not waive the defense. See Fed.R.Civ.P. 8(c). In any event, Lech-ner does not explain how he was prejudiced by defendant raising the dispositive defense in its motion for summary judg *571 ment. See Owens v. Kaiser Foundation Health Plan, Inc., 244 F.3d 708, 713 (9th Cir.2001) (“[Plaintiff] may not demonstrate prejudice based solely on the…