Nakauchi

MEMORANDUM *

Gary Nakauchi appeals the district court’s grant of summary judgment in favor of Allstate Insurance Company. Nakauchi claims that Allstate was obligated to defend him against a suit brought by his girlfriend for assault and battery. He contends that he was insured under his parents’ homeowners policy, and that the policy’s exclusions for criminal and intentional conduct should not apply because the attack was caused, in part, by his negligent mismanagement of his Prozac prescription. The district court held that all of his acts were excluded from coverage under either the criminal act or intentional act exclusions. The district court had diversity jurisdiction pursuant to 28 U.S.C. §§ 1332 and 1441. We have jurisdiction to review final orders of the district courts pursuant to 28 U.S.C. § 1291 . We find that Nakauchi was not insured under his parents’ policy and accordingly affirm the district court.

Because this suit was brought in a California state court and removed to federal court based on diversity of citizenship, Cal *117 ifornia law applies. Aceves v. Allstate Ins. Co., 68 F.3d 1160, 1163 (9th Cir.1995). The insurance contract stated that Allstate would…