Khoshan v. Ross Morgan & Co., Inc., 041514 FED9, 12-55800

Docket Nº:12-55800
Party Name:MIKHAIL KHOSHAN, individually and on behalf of himself and all others similarly situated, Plaintiff - Appellant, v. ROSS MORGAN & COMPANY, INC.; et al., Defendants-Appellees, And CENTURION GROUP, LLC; et al., Defendants.
Judge Panel:Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Case Date:April 15, 2014
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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MIKHAIL KHOSHAN, individually and on behalf of himself and all others similarly situated, Plaintiff - Appellant,

v.

ROSS MORGAN & COMPANY, INC.; et al., Defendants-Appellees,

And

CENTURION GROUP, LLC; et al., Defendants.

No. 12-55800

United States Court of Appeals, Ninth Circuit

April 15, 2014

NOT FOR PUBLICATION

Submitted April 7, 2014 [**]

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding D.C. No. 2:12-cv-01462-DSF-JC

Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.

MEMORANDUM [*]

Mikhail Khoshan appeals from the district court's judgment dismissing his putative class action against his homeowners association and other private parties alleging constitutional violations, among other claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005), and we affirm.

The district court properly dismissed Khoshan's constitutional claims because Khoshan failed to allege facts sufficient to show that defendants' actions constituted state action. See George v. Pac.-CSC Work Furlough, 91 F.3d 1227, 1229 (9th Cir. 1996) (per curiam) ("Individuals bringing actions against private parties for infringement of their constitutional rights . . . must show that the private parties' infringement somehow constitutes state action.").

The district court did not abuse its discretion by dismissing Khoshan's claims without leave to amend because Khoshan cannot correct the defects in his complaint. See Lopez v. Smith...

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