2025 Supreme(US)(ca9) 76
COURT OF APPEALS FOR THE NINTH CIRCUIT
Roshan – Appellant
Versus
McCauley – Respondent
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PEYMAN ROSHAN, No. 24-659 D.C. No. Plaintiff - Appellant, 4:23-cv-05819- JST v. DOUGLAS R. MCCAULEY, OPINION Defendant - Appellee.
Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding
Argued and Submitted February 11, 2025 San Francisco, California
Filed March 11, 2025 Before: John B. Owens, Lawrence VanDyke, and Anthony D. Johnstone, Circuit Judges.
Opinion by Judge Owens 2 ROSHAN V. MCCAULEY
SUMMARY *
Younger abstention
The panel affirmed the district court’s dismissal of
Peyman Roshan’s federal lawsuit seeking to enjoin the
California Department of Real Estate (“DRE”) disciplinary
proceeding against him.
After the California Supreme Court suspended Roshan’s
law license for misconduct, the DRE initiated a reciprocal
disciplinary proceeding against Roshan’s real estate
license. Roshan sued the DRE in federal court for alleged
constitutional violations. Citing Younger v. Harris,
suspension or revocation of his real estate license. Because the Younger requirements were satisfied and Roshan has not made a showing of bad faith, harassment, or some other extraordinary circumstance that would make abstention inappropriate, the district court properly abstained.
COUNSEL Cyrus M. Sanai (argued), SANAIS, Beverly Hills, California; Peyman Roshan, Pro Se, San Francisco, California, for Plaintiff-Appellant. Jack C. Nick (argued), Deputy Attorney General, Business Litigation; Michael D. Gowe, Supervising Deputy Attorney General; Tamar Pachter, Senior Assistant Attorney General; Rob Bonta, California Attorney General; California Attorney General’s Office, Los Angeles, California; for Defendant-Appellee. 4 ROSHAN V. MCCAULEY
OPINION OWENS, Circuit Judge:
Peyman Roshan, a lawyer and real estate broker, appeals
from the district court’s dismissal of his federal lawsuit to
enjoin the California Department of Real Estate (“DRE”)
disciplinary proceeding against him. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
I. BACKGROUND
After extensive California State Bar litigation, the
California Supreme Court in 2021 suspended Roshan’s law
license for misconduct. Shortly thereafter, the DRE—an
administrative agency charged with the “protection” of
“buyers of real property and those persons dealing with real
estate licensees”—initiated a reciproc