Michael Kronk v. Landwin Group, Llc

MEMORANDUM

Plaintiff-Appellant Michael Kronk appeals from the district court’s dismissal of several causes of action in a putative class action. We have jurisdiction under 28 U.S.C. § 1291 , and we review de novo. See Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We may affirm on any ground supported by the record, see Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008), and we affirm.

Kronk has failed to plead sufficient facts to create a strong inference that the defendants acted with the requisite scienter for a Section 10(b) violation. Zucco Partners, LLC v. Digimarc Corp., 552 F.3d 981, 998 (9th Cir.2009). He has also failed to plead facts that demonstrate the defendants made forward-looking statements with actual knowledge that the statements were false or misleading. In re Daou Sys., Inc., 411 F.3d 1006, 1021-22 (9th Cir.2005). Because he has not sufficiently alleged a Section 10(b) violation, there is no primary violation to support Section 20(a) liability for any defendant. See In re Oracle Corp. Sec. Litig., 627 F.3d 376, 394 (9th Cir.2010).

The district court properly dismissed Kronk’s claim under Section 25501 of the California…