Stern

Stern v. Farmers Insurance Group of Companies

Good Law
78 F. App'x 559
United States Court of Appeals for the Ninth CircuitOctober 9, 2003No. 02-55802California660 words

Opinion

Lead Opinion

MEMORANDUM **

1. We decide the merits of this appeal as follows.

Kenneth Stern appeals the district court’s denial of his motion for reconsideration of the denial of his Fed.R.Civ.P. 60(b)(4) motion for relief from judgment based on lack of subject matter jurisdiction. Stern argues that the district court lacked supplemental jurisdiction over his state-law claim against his former clients, the Grossmans, because the claim was not part of the same case or controversy as his federal claims against the insurance company defendants. This argument has no merit. See 28 U.S.C. § 1367 . Stern’s federal claims against the insurance company defendants and his indemnification claim against the Grossmans all derived from the malicious prosecution action brought against Stern and all involved the same question-whether someone other than Stern was obligated to pay for Stern’s defense. See Nishimoto v. Federman-Bachrach & Assocs., 903 F.2d 709 , 714 (9th Cir.1990). The same case or controversy requirement was therefore satisfied.

The district court did not lose subject matter jurisdiction over Stern’s state-law claims after it dismissed Stern’s federal claims. First, although the district…

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