Baymiller

ORDER **

Plaintiff-appellants, purchasers of insurance policies issued by defendant-appellees, appeal the district court’s dismissal with prejudice of their action for failure to state a claim upon which relief may be granted. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

On appeal, plaintiffs argue for the first time that the district court lacked subject matter jurisdiction. The answering defendants argue that both diversity and federal question jurisdiction exist, and ask in the alternative that we remand to the district court to allow fact-finding and amendment of the pleadings to determine whether jurisdiction existed.

The current record does not permit us to determine whether the district court had jurisdiction. The removed complaint is the relevant complaint for jurisdictional purposes. Toumajian v. Frailey, 135 F.3d 648 , 653 n. 2 (9th Cir.1998). The complaint we consider seeks unspecified damages and other relief but wholly fails to plead an amount in controversy or an explicit federal question. The uncontested notice of removal contains entirely conclusory allegations. No ground for federal jurisdiction is facially apparent. See Singer v. State Farm Mut. Auto.…