FOSTER TAFT v. ALTRIA GROUP INC (2017)

MEMORANDUM*

Foster Taft appeals pro se from the district court's judgment dismissing his diversity action alleging a strict liability claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal under Federal Rule of Civil Procedure 12(b)(6). Ileto v. Glock Inc., 349 F.3d 1191, 1199 (9th Cir. 2003). We affirm.

The district court properly dismissed Taft's claims against defendants Mondelez International, Inc., Kraft Foods Group, Inc., and General Mills, Inc., because Taft failed to allege facts sufficient to “state a claim that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)); see Barker v. Lull Eng'g Co., 573 P.2d 443, 446 (Cal. 1978) (product design is defective if “product has failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner,” or (2) “the benefits of the challenged design do not outweigh the risk of danger inherent in such design”).

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).

Taft's request to augment the record, filed on May 10, 2016, is denied.

AFFIRMED.