Court of Appeals for the Ninth Circuit August 11, 2004, No. 03-35449; D.C. No. CV-02-00611-GMK (Croft v. Computerized Thermal Imaging, Inc.)

MEMORANDUM**

We review de novo a district court’s dismissal of a complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Howard v. Everex Sys., Inc., 228 F.3d 1057, 1060 (9th Cir.2000).

The plaintiffs’ complaint was properly, dismissed because it failed to adequately plead the element of scienter.