Lukashin v. Allianceone Receivables Management Inc. , 617 F. App'x 812 ( 2015 )


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  •                                                                             FILED
    NOT FOR PUBLICATION                             SEP 25 2015
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    IGOR LUKASHIN; HEATHER F.                        No. 13-35429
    LUKASHIN,
    D.C. No. 3:12-cv-05880-RBL
    Plaintiffs - Appellants,
    v.                                              MEMORANDUM*
    ALLIANCEONE RECEIVABLES
    MANAGEMENT INC; et al.,
    Defendants - Appellees.
    Appeal from the United States District Court
    for the Western District of Washington
    Ronald B. Leighton, District Judge, Presiding
    Submitted September 21, 2015**
    Before:        REINHARDT, LEAVY, and BERZON, Circuit Judges.
    Igor Lukashin and Heather F. Lukashin appeal pro se from the district
    court’s judgment dismissing their action alleging claims under the Fair Debt
    Collection Practices Act (“FDCPA”) and state law arising out of state court
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    proceedings relating to an unpaid utility account. We have jurisdiction under 28
    U.S.C. § 1291. We review de novo a district court’s dismissal for failure to state a
    claim under Federal Rule of Civil Procedure 12(b)(6), and may affirm on any
    ground supported by the record. Thompson v. Paul, 
    547 F.3d 1055
    , 1058-59 (9th
    Cir. 2008). We affirm.
    Dismissal of the Lukashins’ action was proper because the Lukashins failed
    to allege facts sufficient to shows that defendants’ alleged conduct was actionable.
    See 15 U.S.C. §§ 1692e(2)(A), (10) (prohibiting “[t]he false representation of . . .
    the character, amount, or legal status of any debt” and “[t]he use of any false
    representation or deceptive means to collect or attempt to collect any debt” under
    the FDCPA); Wash. Rev. Code §§ 19.16.250(15), (21) (prohibiting collection of
    unauthorized fees under the Washington Collection Agency Act (“WCAA”));
    Wash. Rev. Code § 19.16.440 (declaring violations of Wash. Rev. Code
    § 19.16.250 to be violations of Washington Consumer Protection Act (“WCPA”));
    Wash. Rev. Code § 19.16.500(b) (authorizing statutory collection fee); see also
    Hebbe v. Pliler, 
    627 F.3d 338
    , 341-42 (9th Cir. 2010) (although pro se pleadings
    are liberally construed, plaintiff must allege facts sufficient to state a plausible
    claim).
    2                                      13-35429
    Denial of leave to amend was not an abuse of discretion because
    amendment would have been futile. See Lopez v. Smith, 
    203 F.3d 1122
    , 1130 (9th
    Cir. 2010) (en banc) (setting forth standard of review and explaining that a district
    court should grant leave to amend unless “the pleading could not possibly be cured
    by the allegation of other facts” (citation and internal quotation marks omitted)).
    We do not consider issues or arguments not specifically and distinctly raised
    and argued in the opening brief, or arguments and allegations raised for the first
    time on appeal. See Padgett v. Wright, 
    587 F.3d 983
    , 985 n.2 (9th Cir. 2009) (per
    curiam).
    The Lukashins’ request for judicial notice of the state court superior and
    appellate court dockets, filed on May 1, 2014, is granted, but is otherwise denied as
    unnecessary. All other pending motions are denied.
    All pending requests in the Lukashins’ opening brief are denied.
    AFFIRMED.
    3                                    13-35429
    

Document Info

Docket Number: 13-35429

Citation Numbers: 617 F. App'x 812

Judges: Reinhardt, Leavy, Berzon

Filed Date: 9/25/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024