Kilgroe
Kilgroe v. American Ship Management, LLC
Opinion
Lead Opinion
MEMORANDUM **
John F. Kilgroe appeals pro se from the district court’s judgment for defendants in his action alleging federal and state law violations in connection with his employment on a United States naval ship. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Kimes v. Stone, 84 F.3d 1121, 1126 (9th Cir.1996) (dismissal for failure to state a claim); Dark v. Curry, 451 F.3d 1078 , 1082 n. 2 (9th Cir.2006) (summary judgment). We affirm.
The district court properly dismissed Kilgroe’s defamation claims because, under California law, publications in judicial proceedings and communications to an administrative agency are protected from litigation attacking those statements. See Cal. Civ.Code § 47(b); Moore v. Conliffe, 7 Cal.4th 634 , 29 Cal.Rptr.2d 152 , 871 P.2d 204, 219 (1994) (“[SJtatements made in the course of a private contractual arbitration proceeding are protected by the litigation privilege”); Martin v. Kearney, *35 51 Cal.App.3d 309 , 124 Cal.Rptr. 281, 282 (1975) (holding that a communication to an official administrative agency, designed to prompt action by that agency, is privileged from tort actions).