Sultan Hameed v. Ihop Franchising Llc

MEMORANDUM

Sultan Hameed appeals the district court’s order dismissing his claims for unjust enrichment, violations of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200, et seq., accounting, and breach of contract against International House of Pancakes, LLC, IHOP Franchising, LLC, IHOP Properties, LLC, and DineEquity, Inc. (collectively, “IHOP”). Hameed’s allegations stem from three contracts he entered into as an IHOP franchisee. We affirm.

The district court dismissed Hameed’s claims pursuant to Fed. R. Civ. Proc. 41(b) for failure to prosecute. Because Hameed indicated his willingness to forgo his accounting claim to obtain immediate appellate review, we construe the dismissal as a Rule 41(a)(2) voluntary dismissal. Oms tead v. Dell, Inc., 594 F.3d 1081, 1085 (9th Cir.2010).

The district court did not err in dismissing Hameed’s UCL claims related to the Development Impact Assistance Program (“DIAP”) or the increases in the property taxes he owed. Hameed did not plead a plausible cause of action with regard to these claims. Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009). He did not allege that he suffered the losses…