Preciado

FILED

FOR PUBLICATION MAR 06 2007

CATHY A. CATTERSON, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PROGRESSIVE WEST INSURANCE No. 06-17367

COMPANY,

D.C. No. CV-06-01785-FCD Plaintiff - Appellant,

v. OPINION

SIMON H. PRECIADO,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, District Judge, Presiding

Argued and Submitted February 12, 2007 San Francisco, California

Filed March 6, 2007

Before: B. FLETCHER, CLIFTON, and IKUTA, Circuit Judges.

Opinion by Judge Ikuta, Circuit Judge:

This appeal raises the question whether the Class Action Fairness Act

("CAFA"), Pub. L. No. 109-2, § 5, 119 Stat. 12 (2005), gives the federal district

court removal jurisdiction over this action. We conclude that it does not, and

affirm the district court. Factual and Procedural Background

On December 22, 2004, Progressive West Insurance Company

("Progressive") filed a breach of contract action in California state court against its

insured, Simon Preciado.…