Summary
affirming district court's application of Landers to the plaintiff's claims arising under state and federal law
Summary of this case from Wilcox v. Harbor UCLA Med. Ctr. GuildOpinion
No. 17-17278
05-24-2018
DARRYL CARTER, Plaintiff-Appellant, v. RASIER-CA, LLC; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 4:17-cv-00003-HSG MEMORANDUM Appeal from the United States District Court for the Northern District of California
Haywood S. Gilliam, Jr., District Judge, Presiding Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Darryl Carter appeals pro se from the district court's judgment dismissing his action alleging Fair Labor Standards Act ("FLSA") and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6). Landers v. Quality Commc'ns, Inc., 771 F.3d 638, 640 (9th Cir. 2015). We affirm.
The district court properly dismissed Carter's minimum wage and overtime wage claims under the FLSA and California Labor Code (counts I, II, III, VIII, and IX) because Carter failed to allege facts sufficient to state plausible claims for unpaid wages. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 681 (2009) (to avoid dismissal, "a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face" and conclusory allegations are not entitled to be assumed true (citation and internal quotation marks omitted)); Landers, 771 F.3d at 644-46 (FLSA claim to overtime payments requires allegation that plaintiff "worked more than forty hours in a given workweek without being compensated for the overtime hours" or allegation that plaintiff was not paid minimum wages; conclusory allegations that merely recite the statutory language are inadequate).
The district court properly dismissed Carter's misrepresentation, negligent infliction of emotional distress, and breach of the implied covenant of good faith and fair dealing claims (counts IV, V, VI, and VII) because Carter failed to allege facts sufficient to state plausible claims under California law. See Iqbal, 556 U.S. at 678 (detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action . . . supported by mere conclusory statements, do not suffice" (citation omitted)); see, e.g., Conroy v. Regents of Univ. of Cal., 203 P.3d 1127, 1135-36 (Cal. 2009) (elements of misrepresentation); Careau & Co. v. Sec. Pac. Bus. Credit, Inc., 272 Cal. Rptr. 387, 399-400 (Ct. App. 1990) (requirements for breach of the implied covenant of good faith and fair dealing).
We reject as without merit Carter's contention that the district court should have converted defendants' motion to dismiss to a motion for summary judgment.
AFFIRMED.