Beezley v. Fremont Indem. Co., 85-5791
Decision Date | 12 November 1986 |
Docket Number | No. 85-5791,85-5791 |
Citation | 804 F.2d 530 |
Parties | Gilbert G. BEEZLEY, Plaintiff/Appellant, v. FREMONT INDEMNITY COMPANY, a corporation; Does 1 through 10, Defendants/Appellees. |
Court | U.S. Court of Appeals — Ninth Circuit |
Gilbert G. Beezley, in pro per.
David A. Pines, Lanak & Hanna, Burbank, Cal., for defendants/appellees.
Appeal from the United States District Court for the Central District of California.
Before GOODWIN, WALLACE, and ANDERSON, Circuit Judges.
A complaint should not be dismissed "unless it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 100-02, 2 L.Ed.2d 80 (1957). See also Gibson v. United States, 781 F.2d 1334, 1337 (9th Cir.1986). The district court properly granted Fremont Indemnity Company's (Fremont) motion to dismiss Gilbert Beezley's (Beezley) complaint. 1
Beezley alleges in his complaint that Fremont violated various sections of the Consumer Credit Protection Act. (15 U.S.C. Secs. 1601-1693r). However, Fremont is not a "creditor" as defined in 15 U.S.C Sec. 1602(f), nor is Beezley a "consumer" as defined in 15 U.S.C. Sec. 1602(h), nor was any "credit" extended pursuant to 15 U.S.C. Sec. 1602(e). Finally, the "debt" involved was not a debt as defined in 15 U.S.C. Sec. 1692a(5). Because Beezley's complaint fails to allege a violation of the Consumer Credit Protection Act or any other applicable federal statute, the district court correctly dismissed his complaint with prejudice, which we interpret as a dismissal of the action.
1 The district court erroneously characterized its ruling as a dismissal for lack of jurisdiction. This ruling is more accurately characterized as a dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). See Black v. Payne, 591 F.2d 83, 86 n. 1 (9th Cir.), cert. denied, 444 U.S. 867, 100 S.Ct. 139, 62 L.Ed.2d 90...
To continue reading
Request your trial-
Sierra Pacific Industries v. Lyng
...Supreme Court. However, the court may affirm the district court on any basis fairly supported by the record. Beezley v. Fremont Mining Co., 804 F.2d 530, 530 n. 1 (9th Cir.1986), cert. denied, 480 U.S. 949, 107 S.Ct. 1610, 94 L.Ed.2d 796 (1987). Since Judge Conti reaffirmed his ruling after......
-
T Mobile Ne. LLC v. City of Wilmington
...action is not yet a final action at the time a Rule 15(d) motion is filed, the motion can easily be denied. See Beezley v. Fremont Indem. Co. , 804 F.2d 530, 530 (9th Cir. 1986) (supplemental pleading denied when it still failed to cure defective original pleading).When all is said and done......
-
Bormuth v. Whitmer
...where the new information sought to be added would not "remedy the deficiencies in the original complaint." Beezley v. Fremont Indemnity Co. , 804 F.2d 530, 531 (9th Cir. 1986).4 Plaintiff's motion is clearly based on Rule 15(d). (See ECF No. 44, PageID.1097-1098, 1101-1102, 1107.) At the t......
-
Moreno v. State of California, C-98-20855-JF (EAI).
...be futile, dismissal may be ordered with prejudice. See Albrecht v. Lund, 845 F.2d 193, 195-96 (9th Cir.1988); Beezley v. Fremont Indemnity Co., 804 F.2d 530, 531 (9th Cir.1986); see also Dumas v. Kipp, 90 F.3d 386, 393 (9th Cir.1996) (holding that dismissal without leave to amend was appro......