Githere

Githere v. Consolidated Amusement Corp.

Good Law
258 F. App'x 122
United States Court of Appeals for the Ninth CircuitDecember 5, 2007No. 05-16738California938 words

Opinion

Lead Opinion

MEMORANDUM ***

Gilbert Githere appeals the district court’s decision to grant the Consolidated Defendants’ motion for summary judgment and the Aloha Stadium Authority Defendants’ motion to dismiss his second amended complaint. He further appeals the district court’s grant of summary judgment before discovery was complete. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

“A district court’s decision to grant a motion to dismiss pursuant to Rule 12(b)(6) is reviewed de novo.” Decker v. Advantage Fund Ltd., 362 F.3d 593, 595-96 (9th Cir.2004). We construe the facts “in the light most favorable to the plaintiff.” Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). “However, the court is not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged.” Clegg v. Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir.1994).

We review a district court’s decision to grant a motion for summary judgment de novo. Fontana v. Haskin, 262 F.3d 871, 876 (9th Cir.2001). “The moving party bears the initial burden to demonstrate the…

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