936 F. 2d 578 - Melek v. Kroff

936 F2d 578 Melek v. Kroff

936 F.2d 578

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Jacques MELEK, Plaintiff-Appellant,
v.
Steven KROFF, Esq., James V. Quillinan, John T. Taves, Esq.,
Richard E. Holdaway, Covington & Crowe,
Defendants-Appellees.

No. 90-56105.

United States Court of Appeals, Ninth Circuit.

Submitted June 3, 1991.*
Decided June 19, 1991.

Before D.W. NELSON, O'SCANNLAIN and TROTT, Circuit Judges.

1

MEMORANDUM**

2

Jacques Melek appeals the dismissal of his complaint pursuant to Fed.R.Civ.P. 12(b)(6) and Fed.R.Civ.P. 8(a)(2). We affirm.

3

"We review de novo the dismissal of an action under Rule 12(b)(6) for failure to state a claim." McCalden v. California Library Assoc., 919 F.2d 538, 542 (9th Cir.1990). Melek's claims were based solely on various attorneys' alleged communications with the State Bar of California. Such communications are privileged under both California and federal law. See Cal.Civ.Code Sec. 47; Fed.R.Evid. 501. The district court correctly dismissed Melek's complaint.

4

AFFIRMED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and 9th Cir. Rule 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3