Morteza Karimi v. Golden Gate School of Law ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 9 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MORTEZA BENJAMIN RAY KARIMI, No. 19-15469
Plaintiff-Appellant, D.C. No. 3:17-cv-05702-JCS
v.
MEMORANDUM*
GOLDEN GATE SCHOOL OF LAW;
DEAN ANTHONY NIEDWIECKI, in his
official capacity,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Joseph C. Spero, Magistrate Judge, Presiding**
Submitted March 3, 2020***
Before: SILVERMAN, CHRISTEN, and BADE, Circuit Judges.
Morteza Benjamin Ray Karimi appeals pro se from the district court’s
summary judgment in his diversity action arising from his suspension and
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The parties consented to proceed before a magistrate judge. See 28
U.S.C. § 636(c).
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
withdrawal from Golden Gate University Law School. We have jurisdiction under
28 U.S.C. § 1291. We review de novo. JL Beverage Co., LLC v. Jim Beam
Brands Co., 828 F.3d 1098, 1104 (9th Cir. 2016). We affirm.
The district court properly granted summary judgment on Karimi’s claim
under California Education Code section 94367 because the claim was moot. See
Cal. Educ. Code § 94367(b) (under this section a plaintiff is limited to injunctive
and declaratory relief as well as attorney’s fees); Bishop Paiute Tribe v. Inyo
County, 863 F.3d 1144, 1155 (9th Cir. 2017) (a district court lacks jurisdiction over
a claim when there is no longer a possibility that a plaintiff can obtain relief).
The district court properly granted summary judgment on Karimi’s claims
for breach of contract and breach of the covenant of good faith and fair dealing
because Karimi failed to exhaust his administrative and judicial remedies and
because the student handbook permitted the actions taken by defendants. See
Gupta v. Stanford Univ., 21 Cal. Rptr. 3d 192, 194 (Ct. App. 2004) (holding that a
student contesting discipline within a university must first exhaust internal
remedies and then file a writ of mandamus before pursuing a civil action).
The district court properly granted summary judgment on Karimi’s
defamation and false light claims because Karimi failed to raise a genuine dispute
of material fact as to whether the alleged conduct was not either substantially true
or a statement of opinion. See Cal. Civ. Code, §§ 44, 45; Jackson v. Mayweather,
2 19-15469
217 Cal. Rptr. 3d 234, 253, 256 (Ct. App. 2017) (for defamation, “the inquiry is
not merely whether the statements are fact or opinion, but whether a reasonable
fact finder could conclude the published statement declares or implies a provably
false assertion of fact”; if a false light claim is coupled with a defamation claim,
the false light claim succeeds or fails based on the defamation claim).
The district court properly granted summary judgment on Karimi’s claim for
public disclosure of private facts because Karimi failed to raise a triable dispute as
to whether defendants disclosed private facts about Karimi. See Jackson, 217 Cal.
Rptr. 3d at 249 (elements of claim for public disclosure of private facts).
The district court properly granted summary judgment on Karimi’s claim for
intentional infliction of emotional distress (“IIED”) because Karimi failed to raise
a triable dispute as to whether defendants’ actions were outrageous. See Hughes v.
Pair, 209 P. 3d 963, 976 (Cal. 2009) (elements of an IIED claim).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
3 19-15469