Rudwall

MEMORANDUM ***

Thomas Rudwall sued his employer, BlackRock, Inc., for libel and intentional and negligent infliction of emotional distress. The district court granted Black-Rock’s motion for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure and dismissed Rudwall’s claims with prejudice. We review de novo a dismissal under Rule 12(c). Turner v. Cook, 362 F.3d 1219, 1225 (9th Cir.2004). We affirm the district court’s dismissal.

BlackRock made the allegedly libelous statements in Rudwall’s 2005 performance review. These statements are protected by California’s common interest privilege. See Cal. Civ.Code § 47(c). There is no case law or statutory basis for Rudwall’s contention that the 1994 amendment limited the common interest privilege to responses to inquiries by prospective employers.

Statements in a performance review are actionable if they are made with malice. Id. However, Rudwall’s allegations that the performance review was motivated by ill-will are conclusory. In addition, the two-year time lapse between when he was asked to sign the non-competition agreement and the performance review fails to support an inference that the performance…