Lana Williams v. Rex Huha

Good Law
584 F. App'x 731
United States Court of Appeals for the Ninth CircuitSeptember 4, 201413-15343California234 words

Opinion

Opinion

MEMORANDUM

Lana K. Williams appeals pro se from the district court’s judgment dismissing her action alleging state law claims in connection with a car accident. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for lack of subject matter jurisdiction, Carolina Cas. Ins. Co. v. Team Equip., Inc., 741 F.3d 1082, 1086 (9th Cir.2014), and we affirm.

The district court properly determined there was no federal question jurisdiction because Williams’ action, which alleged state law claims for personal injury, legal malpractice, and insurance bad faith, does not arise “under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331 ; see also Provincial Gov’t of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1086-87 (9th Cir.2009) (discussing requirements for federal question jurisdiction under 28 U.S.C. § 1331 ).

The district court also properly determined that Williams failed to allege federal jurisdiction based on diversity of citizenship because both plaintiff and several defendants are citizens of California. See 28 U.S.C. § 1332 (a)(1); Kuntz v. Lamar Corp., 385 F.3d 1177, 1181 (9th Cir.2004) (§ 1332 requires complete diversity of…

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