Allen Wisdom v. Daniel Katz
Opinion
Opinion
MEMORANDUM
Allen L. Wisdom appeals pro se from the district court’s judgment in his diversity action dismissing with prejudice his claims against Shoshone Service Corporation (“Shoshone”), Alec Harshey, Richard T. Gilbert, and the Estate of Kathryne Anne Gilbert, and granting Wisdom’s motion for voluntary dismissal as to Daniel E. Katz and Reid & Hellyer (“the Katz defendants”). Construing the voluntary dismissal to be with prejudice, we have jurisdiction under 28 U.S.C. § 1291 . Concha v. London, 62 F.3d 1493, 1506-09 (9th Cir.1995). We review de novo a district court’s dismissal for failure to state a claim, and may affirm on any ground supported by the record. Serrano v. Francis, 345 F.3d 1071 , 1076-77 & n. 5 (9th Cir.2003). We affirm in part and dismiss in part.
The district court properly dismissed Wisdom’s claim for breach of fiduciary duty against Shoshone because Wisdom failed to allege facts demonstrating that Shoshone owed and breached any fiduciary duty to him. See Hatch v. Collins, 225 Cal.App.3d 1104, 275 Cal.Rptr. 476, 480 (1990) (trustee under a deed of trust serves as an agent for both the trustor and the beneficiary and does not stand in a fiduciary…