NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 22 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ABOLFAZL HOSSEINZADEH, No. 21-35074 Plaintiff, D.C. No. 2:18-cv-01385-JCC and MEMORANDUM* MARY ANDERSON, Appellant, v. BELLEVUE PARK HOMEOWNERS ASSOCIATION, Defendant-Appellee, and ADRIAN TEAGUE, in both his individual capacity and representative capacity as director of Bellevue Park Homeowners Association; JENNIFER GONZALEZ, in both her individual capacity and representative capacity as director of Bellevue Park Homeowners Association, Defendants. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ABOLFAZL HOSSEINZADEH, No. 21-35111 Plaintiff-Appellant, D.C. No. 2:18-cv-01385-JCC v. BELLEVUE PARK HOMEOWNERS ASSOCIATION; et al., Defendants-Appellees. Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding Argued and Submitted February 9, 2022 Seattle, Washington Before: BYBEE, BEA, and CHRISTEN, Circuit Judges. 1. Appellant Abolfazl Hosseinzadeh (“Hosseinzadeh”) appeals the district court’s grant of summary judgment in favor of Appellees for claims of defamation, false light, and various racial and religious discrimination claims. Separately, Appellant Mary Anderson (“Anderson”), formerly counsel for Appellant Hosseinzadeh in the district court proceedings, appeals the district court’s award of fees and costs against her. For the following reasons, we affirm the district court in full. The parties are familiar with the facts of the case, so we do not recite them here. 2. Hosseinzadeh asserts a defamation claim against Appellee Adrian Teague (“Teague”) concerning an email Teague sent to members of the Bellevue Park Homeowner’s Association (“BPHOA”) relating to Hosseinzadeh’s attempt to 2 control a BPHOA-owned Wells Fargo account while Hosseinzadeh believed himself to be BPHOA Board President. Hosseinzadeh asserts a defamation claim against Appellee Jennifer Gonzales1 (“Gonzales”) concerning an email Gonzales sent to a U.S. Bank representative relating to Hosseinzadeh’s attempt to control a BPHOA- owned U.S. Bank account while Hosseinzadeh believed himself to be BPHOA Board President. Both claims fail due to the common interest privilege, which is a defense to defamation. Valdez-Zontek v. Eastmont Sch. Dist., 225 P.3d 339, 347 (Wash. App. 2010). The common interest privilege “arises when parties need to speak freely and openly about subjects of common organizational or pecuniary interest.” Moe v. Wise, 989 P.2d 1148, 1154 (Wash. App. 1999). Appellee Teague, a Bellevue Park homeowner and BPHOA member, made the allegedly defamatory statement that Hosseinzadeh had “attempted to defraud US Bank by requesting that the associations’ operational funds be transferred out,” via an email sent only to the following individuals: members of the BPHOA; BPHOA’s attorney; and BPHOA’s property manager. Accordingly, this communication falls within the common interest privilege. Appellee Gonzales, a Bellevue Park homeowner and BPHOA member, made the allegedly defamatory statement that Hosseinzadeh had “spent the last 6 months or so trying to obtain access to the HOA funds, and was successful at 1 Appellee Gonzales’s name is misspelled in the caption of this case. We use the spelling she states is correct. 3 this at Wells Fargo,” via …
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