Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Michael J. BROSNAHAN, Plaintiff-Appellant, v. CALIBER HOME LOANS, INC.; et al., Defendants-Appellees.
MEMORANDUM **
Michael J. Brosnahan appeals from the district court's order dismissing his action alleging, among other things, a claim under the Truth in Lending Act (“TILA”). We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to comply with Federal Rule of Civil Procedure 8. McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir. 1996). We affirm.
The district court did not abuse its discretion by dismissing Brosnahan's TILA claim because the second amended complaint failed to comply with Rule 8(a)’s requirement of a short and plain statement of the claim. See Fed. R. Civ. P. 8(a)(2) (“A pleading that states a claim for relief must contain ․ a short and plain statement of the claim showing that the pleader is entitled to relief․”); McHenry, 84 F.3d at 1177 (district court did not abuse discretion in dismissing on the basis of Rule 8 where the complaint was “argumentative, prolix, replete with redundancy, and largely irrelevant”); Nevijel v. North Coast Life Ins. Co., 651 F.2d 671, 674 (9th Cir. 1981) (dismissal under Rule 8 was proper where the complaint was “verbose, confusing and conclusory”).
AFFIRMED.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 18-15613
Decided: March 19, 2019
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)