Komie

Komie v. Saxton

Good Law
277 F. App'x 750
United States Court of Appeals for the Ninth CircuitMay 12, 2008No. 07-15764California294 words

Opinion

Lead Opinion

MEMORANDUM *

1. As to the alleged misrepresentations regarding the Taylor Ranch property, the *751 two loans and the loans’ interest payments, plaintiff hasn’t alleged that these misrepresentations caused him an economic loss. Plaintiff does claim that he paid an “artificially inflated” price for stock, but an inflated purchase price, without more, isn’t sufficient to plead loss causation. Dura Pharm., Inc. v. Broudo, 544 U.S. 386, 347 , 125 S.Ct. 1627 , 161 L.Ed.2d 577 (2005). And although plaintiff alleges that the stock price fell when the company revealed its “true financial condition,” he does not further allege that this poor financial condition was caused by the loans and interest payments. This complaint isn’t like the complaint in In re Daou Systems, Inc., 411 F.3d 1006, 1025-27 (9th Cir.2005), which alleged that defendant’s parlous financial state was “the direct result” of the accounting practices concealed by defendant’s misrepresentations. Id. at 1027 . Therefore, though plaintiff claims he “suffered damages in excess of $1.4 million,” his complaint “nowhere ... provides the defendants with notice of what ... the causal connection might be between that loss and the…

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