Rosa

Rosa v. California

Good Law
259 F. App'x 918
United States Court of Appeals for the Ninth CircuitDecember 12, 2007No. 05-16783California768 words

Opinion

Lead Opinion

MEMORANDUM **

Bernard Joseph Rosa, Jr. appeals the dismissal of his claims against defendants, the State of California, the California Board of Accountancy (CBA), three agents of the CBA (Carol Sigmann, Gregory P. Newington, and Lawrence Knapp), the California Attorney General (AG), three deputy AGs (Joel Prime, Ronald Deidrich, and Michael Granen), and Administrative Law Judge (ALJ) Stephen Smith. The federal district court dismissed Rosa’s claims for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). “Dismissal without leave to amend is improper unless it is clear, upon de novo review, that the complaint could not be saved by any amendment.” Vasquez v. Los Angeles County, 487 F.3d 1246, 1258 (9th Cir.2007). We review the district court’s dismissal de novo and affirm the district court.

The district court dismissed Rosa’s claims against the State of California and the CBA on the ground that the claims were barred by sovereign immunity. The Eleventh Amendment gives California immunity from suits brought by its citizens in federal court unless California waives that immunity. See Seminole Tribe of Florida v. Florida, 517 U.S. 44, 54 , 116 S.Ct. 1114 ,…

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