Winstead v. State Farm Mutual Automobile Insurance Co.

MEMORANDUM

Plaintiffs Alyssa Winstead and Lisa Patton appeal from the district court’s order granting defendant State Farm’s motion to dismiss for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo dismissals under Federal Rule of Civil Procedure 12(b)(6). Kahle v. Gonzales, 487 F.3d 697, 699 (9th Cir. 2007). We “accept[] the complaint’s well pleaded allegations of fact and construct ] them in the plaintiffs favor.” Id. A district court’s decision not to abstain is reviewed for abuse of discretion. Gov’t Emps. Ins. Co. v. Dizol, 133 F.3d 1220, 1223 (9th Cir. 1998).

1. The district court did not abuse its discretion in declining to remand under federal abstention doctrines. Because Win-stead alleged an independent claim for monetary relief under the Montana Unfair Trade Practices Act (“UTPA”), Brillhart/Wilton abstention is not appropriate. See United Nat’l Ins. Co. v. R&D Latex Corp., 242 F.3d 1102, 1112 (9th Cir. 2001) (“[W]hen other claims are joined with an action for declaratory relief ... the district court should not, as a general rule, remand or decline to entertain the claim for declaratory relief.” (internal…