Dollonne
Dollonne v. Ventura Unified School District
Opinion
Lead Opinion
MEMORANDUM **
Monique Dollonne (“Dollonne”) appeals the district court order dismissing her complaint without leave to amend. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate the order and remand so that Dollonne can amend her complaint.
On June 12, 2006, the district court entered the order dismissing Dollonne’s complaint and terminating the case. This was only 108 days after the complaint was filed, and before all of the named defendants had been served. At the hearing on the motion to dismiss, the district court orally granted the motion but did not specify whether it was doing so with or without prejudice. The three-sentence order, prepared by defendants’ counsel and signed *615 by the district court, stated that the case was dismissed without leave to amend, but did not provide any reasoning.
We review a dismissal without leave to amend for abuse of discretion. Smith v. Pac. Props. & Dev. Corp., 358 F.3d 1097 , 1100 (9th Cir.2004). A district court abuses its discretion if it bases its denial on an inaccurate view of the law. Id. (noting that the underlying legal determinations are reviewed de novo). A plaintiff can amend her complaint once as a matter of…