Jesus Manuel MORAN, Plaintiff-Appellant, v. Thomas E. HIGGINS, Attorney, Defendant-Appellee.
Decided: December 09, 2020
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Jesus Manuel Moran, Pro Se Thomas E. Higgins, Attorney, Pro Se
Jesus Manuel Moran appeals pro se from the district court's summary judgment in his diversity action alleging state law claims against his former attorney. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's decision on cross-motions for summary judgment. 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 for defendant because Moran failed to raise a genuine dispute of material fact as to whether defendant's conduct was the proximate cause of any injury. See Glaze v. Larsen, 207 Ariz. 26, 83 P.3d 26, 29 (2004) (en banc) (elements of a legal malpractice claim); KB Home Tucson, Inc. v. Charter Oak Fire Ins. Co., 236 Ariz. 326, 340 P.3d 405, 412 (Ariz. Ct. App. 2014) (elements of a fraud claim); Trustmark Ins. Co. v. Bank One, Ariz., NA, 202 Ariz. 535, 48 P.3d 485, 491 (Ariz. Ct. App. 2002) (elements of an unjust enrichment claim); Baines v. Superior Court, 142 Ariz. 145, 688 P.2d 1037, 1041 (Ariz. Ct. App. 1984) (elements of a claim under Arizona's racketeering statute); see also Ariz. Rev. Stat. § 13-2314.04(A) (permitting private cause of action for racketeering claim).
The district court did not abuse its discretion by refusing to deny defendant's cross motion for summary judgment on the basis of defendant's failure to adhere to the local rules. See Bias v. Moynihan, 508 F.3d 1212, 1223 (9th Cir. 2007) (standard of review for district court's compliance with its local rules).
We do not consider matters 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).
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