Brands

Brands v. First Transit, Inc.

Good Law
278 F. App'x 722
United States Court of Appeals for the Ninth CircuitMay 8, 2008Nos. 06-55219, 06-55285, 06-56761California1,712 words

Opinion

Lead Opinion

MEMORANDUM **

Sandra Brands appeals the district court’s grant of Defendant First Transit’s (1) motion to dismiss (No. 06-55219); (2) motion for summary judgment (No. 06-55219); and (3) a motion for sanctions under Fed.R.Civ.P. 11 and 28 U.S.C. § 1927 (No. 06-56761). Brands also appeals the district court’s grant of Defendant First Transit’s and Defendant Dr. Michael D. Hadley’s motion to strike (06-55219). First Transit cross appeals the district court’s order (a) granting leave to file an amended complaint and (b) failing to strike all of the causes of action in the first amended complaint (No. 06-55285). Because the parties are aware of the facts of this case, we do not recount them here. We have jurisdiction of these consolidated appeals pursuant to 28 U.S.C. § 1291 . We affirm the district court in No. 06-55219, reverse its decision in No. 06-56761 and dismiss No. 06-55285 as moot.

I. Motion to Dismiss

The district court did not err by granting First Transit’s motion to dismiss because the district court lacked subject matter jurisdiction over the causes of action alleged in Brands’s original complaint. We review a district court’s decision to dismiss a complaint for lack…

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