KYOUNG KO V. MEGAN BRENNAN, No. 18-15700 (9th Cir. 2018)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION OCT 26 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT KYOUNG H. KO, No. Plaintiff-Appellant, U.S. COURT OF APPEALS 18-15700 D.C. No. 5:17-cv-06427-HRL v. MEMORANDUM* MEGAN J. BRENNAN, United States Postmaster General, Defendant-Appellee. Appeal from the United States District Court for the Northern District of California Howard R. Lloyd, Magistrate Judge, Presiding** Submitted October 22, 2018** Before: SILVERMAN, GRABER, and GOULD, Circuit Judges. Kyoung H. Ko appeals pro se from the district court’s judgment dismissing her employment action alleging federal claims. We have jurisdiction under 28 * 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). U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(6). Wood v. City of San Diego, 678 F.3d 1075, 1080 (9th Cir. 2012). We affirm. The district court properly dismissed Ko’s action as barred by the settlement agreement because Ko failed to allege facts sufficient to find that the settlement agreement was not enforceable. See Nilsson v. City of Mesa, 503 F.3d 947, 951-52 (9th Cir. 2007) (setting forth the factors involved in determining whether an agreement constitutes a waiver of rights); see also Cachil Dehe Band of Wintun Indians of Colusa Indian Cmty. v. State of California, 618 F.3d 1066, 1073 (9th Cir. 2010) (no discernable difference between California and federal contract law). The district court’s consideration of the settlement agreement in the context of a motion to dismiss was proper because the document was incorporated by reference into the first amended complaint. See United States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003) (district court may consider document incorporated by reference in the complaint “if the plaintiff refers extensively to the document”). AFFIRMED. 2 18-15700

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.