Nasiri

MEMORANDUM **

Kamran Nasiri appeals the district court’s denial of his motion to remand; the grant of summary judgment in Allstate’s favor on Nasiri’s bad faith, breach of contract, and punitive damages claims; and the denial of Nasiri’s motion to alter or amend the judgment of the district court. The district court properly denied Nasiri’s motion to remand and correctly granted summary judgment in Allstate’s favor on Nasiri’s breach of contract claim. We hold, however, that material issues of fact exist as to whether Allstate acted in bad faith and whether Nasiri may be entitled to punitive damages. Accordingly, the district court erred in granting summary judgment in Allstate’s favor on Nasiri’s bad faith and punitive damages claims. Because we are remanding for trial, we do not consider the district court’s denial of Nasiri’s motion to alter or amend judgment.

I. Motion to Remand

The denial of a motion to remand implicates federal subject matter jurisdiction and is reviewed de novo. ARCO Environmental Remediation, L.L.C. v. Department of Health and Environmental Quality, Montana, 213 F.3d 1108, 1111 (9th Cir.2000). The strong presumption against removal means the defendant…